GENERAL MANAGER, B. E. S. T. UNDERTAKING, BOMBAY versus MRS. AGNES

GENERAL MANAGER, B. E. S. T. UNDERTAKING, BOMBAY versus MRS. AGNES

A bus driver, by right, may travel in the buses of the undertaking under certain conditions, but unless the very nature or terms of employment obligate such travel as part of service duties, an accident occurring during such travel after duty hours is not considered as arising 'out of and in the course of employment' under section 3(1) of the Act. The widow is therefore not entitled to compensation.

Parties
Appellant: General Manager, B.E.S.T. Undertaking, Bombay; Respondent: Mrs. Agnes
Jurisdiction
India
Judgment Date
10 May 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated July 29, 1959, of the Bombay High Court in First Appeal No. 317 of 1958
Outcome
Appeal dismissed, in the circumstances without costs.
Legal Topics
Workmen's Compensation, Accidents in Course of Employment, Employer's Liability
Labour Law Workmen's Compensation Accidents in Course of Employment Employer's Liability

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Parties

General Manager, B.E.S.T. Undertaking, Bombay

Appellant

Mrs. Agnes

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated July 29, 1959, of the Bombay High Court in First Appeal No. 317 of 1958

Legal Issues

  1. 1 Whether the death of a bus driver, who was injured while travelling home in a bus of the undertaking after completing his duty, arose 'out of and in the course of his employment' under section 3(1) of the Workmen's Compensation Act, 1923, entitling his widow to compensation.

Ratio Decidendi

A bus driver, by right, may travel in the buses of the undertaking under certain conditions, but unless the very nature or terms of employment obligate such travel as part of service duties, an accident occurring during such travel after duty hours is not considered as arising 'out of and in the course of employment' under section 3(1) of the Act. The widow is therefore not entitled to compensation.

Court Disposition

Appeal dismissed, in the circumstances without costs.

Orders

  • Appeal dismissed; order of the Bombay High Court stands.