POONAM DEVI AND OTHERS versus ORIENTAL INSURANCE CO. LTD.

POONAM DEVI AND OTHERS versus ORIENTAL INSURANCE CO. LTD.

Because the deceased was driving in extreme heat in a non-air-conditioned truck and it was necessary to fetch water and refresh himself to protect the truck and ensure safe driving, his act of going to the canal to fetch water and bathe was incidental to and arose out of his employment under the doctrine of notional...

Source-derived case information.

Parties
Appellant: Poonam Devi and Others; Respondent: Oriental Insurance Co. Ltd.
Jurisdiction
India
Judgment Date
06 March 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; High Court order set aside; Workmen's Compensation Commissioner's order restored
Legal Topics
Notional Extension, Course of Employment, Arising Out of Employment, Employer Liability, Workmen's Compensation, Causal Connection
Labour and Employment Insurance Personal Injury Notional Extension Course of Employment Arising Out of Employment Employer Liability Workmen's Compensation +1 more

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Parties

Poonam Devi and Others

Appellant

Oriental Insurance Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether death of the truck driver arose out of and in the course of his employment
  2. 2 Whether fetching water and bathing at the canal was incidental to employment or a personal act
  3. 3 Whether the doctrine of notional extension applies to the facts of this case

Ratio Decidendi

Because the deceased was driving in extreme heat in a non-air-conditioned truck and it was necessary to fetch water and refresh himself to protect the truck and ensure safe driving, his act of going to the canal to fetch water and bathe was incidental to and arose out of his employment under the doctrine of notional extension; accordingly the Commissioner's award of compensation was restored.

Court Disposition

Appeal allowed; High Court order set aside; Workmen's Compensation Commissioner's order restored

Orders

  • Order of the Workmen's Compensation Commissioner dated 12.12.2005 restored
  • Respondent to make payments in terms of the Commissioner's order to the appellants within six weeks from date of judgment