We are a organisation covered under Workmen Compensation act. Our factory is located far from the city and the workmen travel by their own. There is no facility provided by the company. What is my liability if,
1. There is a road accident while coming to factory and many workers are injured and taken to hospital and being asked to rest for a weeks time. (workmen have hired a bus on contribution for to and fro transport)
2. Is it a industrial accident?
3. Do I need to report this as a reportable accident.
22nd June 2010 From India , Pune
Dear Godse,
Under the WC Act, 1923 the employer is liable to pay compensation for an injury occurred to an employee during and in the course of his employment. Notional Extension of employment, as reported by you above, has been ruled out by the Hon'ble Apex Court. Reportable accidents are those which happen inside the factory premises. The purpose is to check your safety standards. Consider a case in which you send an employee outside the factory to do some job and he meets with an accident on the way and outside factory premises, he would be entitled to compensation as the injury occurred during and in the course of his employment; however, the accident is not reportable as it has not occurred inside the factory premises.
Best wishes;
23rd June 2010 From India , Chandigarh
Hi, I would be interested in knowing the details of the Apex court decision, disallowing the claim. Could you (Mr Pratap) please give the citation of this decision. Thanks. Cyril
26th June 2010 From India , Nagpur
Dear Cyril, I am trying to upload a judgment but it gives error. Kindly wait. Best wishes, Jpratap
28th June 2010 From India , Chandigarh
Dear Cyril,
I could not load the judgements but here are citation of two cases. I can send you the text if you give me your email address.
I (2003) ACC 355, 2004 ACJ 1314, 2002 (98) FLR 616
Steel Authority Of India Ltd. vs Smt. Nirmala Devi on 15/2/2002
Regional Director, E.S.I. Corporation v. Francis De Costa, (SC)
1997 (1) S.C.T. 41 : 1996 (4) S.C.T. 228 : 1997 AIR (SC) 432 : 1996 (6) S.L.R. 553 : 1996 (6) S.C.C. 1 : 1996 (8) J.T. 118 : 1997 (1) ICC 182 : 1996 L.I.C. 2720 : 1996 (6) Scale 473 : 1996 (Sup5 ) SCR 797 : 1997 (1) L.L.J. 34
1st July 2010 From India , Chandigarh
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