Chapter: 4.2 Case Law in the Workmens Compensation Act

• Case Law
1) Section 3, Accident arising out of employment and during the course of employment.

Indian Rave Earths Ltd. V/s Subaida Beevi - 1981 (TAC) 359 (Ker). Company allowed the workman to reach the work place on a bicycle - He started from his residence to place of work on bicycle at 4 P.M, but on the way a car dashed him and he died.
2) Water drum kept by employee for drinkirig purposes. Two employees drank the water and fell sick with acute gastro/enteritis. One dies other survived. This accident is during and out of employment.

The deceased employee through his legal representative or heirs can make a claim to the commissioner for Workmen's Compensation. However, the claimant can make a choice between either 2 Forums 110-AA of the Motor Vehicles Act, 1939 or the W.C. Act. But no two claims can lie at the same time.

Under Section 3, it is very essential to find out the commencement and discontinuance of the workman's employment i.e. the National extension of the employers prances - Saurashtra Salt Manufacturing Co. V/s Bai Value Raja, AIR 1958 S.C. 881 BEST V/s Mrs. Agnes AIR 1964 S.C. 193.

From the above discussion, it can be seen that the claimant has to fulfil the following test for payment of compensation.
1) There must be personal injury to the workman.
2) Personal injury must have been occasioned by an accident.
3) Accident must have arisen out and in the course of employment.
4) Injury must have resulted in the death or total or partial disablement for a period exceeding 3 days.                                                     

Casual connection between cause of death and nature of duties is sufficient to claim compensation. Strenuous duty and working condition in which cook was working accelerated his death and dependents of the deceased are entitled to get compensation.

1994 (II) LLJ 795 (Raj H.C.)

Divisional Personal Officer V/s Ashiya Begam.
Casual Labour is a workman, though a person may be employed casually he would be deemed to be a workman, if his employment is for the purpose of employers trade or business.

Hirajibhai V/s DamodarAIR 1957 (MP) 49.
A person whose employment is of a casual nature and employed otherwise than for employer's trade or business is not workman -1989 (59) FLR Page 55 (Ker).

Parameshwaram V/s Parameshwaram Nair
A daily wage earner may be a workman under Section 2(1) (n) of the W.C. Act. Daily wage earner may be workman, if other conditions of definition fulfilled - AIR 1955 Pat 260 - Ram Newas Khandelwal V/s Mariam.