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The management has to provide the insurance to the employee.
1) whether he was covered under ESI or Not.
2) if not covered the company proviiding any insurance benefits to the employees.
If he is covered he can go to ESI. but he is not eligible for the cash benefits.
If he is not covered under ESI, check that the workmen compesation policy or any medical insurance policy applicable to him or not.
he met an accident while coming to duty so it covers under workment compensation act 1923 Sec 3 "in the course of employment". so this act applicable to him.
in your case u just check employee covered by which act
1-workman compansation act 1923
if there is workman compensation 1923 is applicable then according to sec 3 " in the course of employment" the person is eligible for compansation.
but in act clear that
if the accident done in sortest route from home to company and company to home in coure of employement
Many case law is there as to how this needs to be decided on case to case basis.
As you mentioned the distance from his home to factory is 2 km and he left from his home 2 hours before for some personal purposes then he is not entitled for compensation.
However after his personal work, if he is establishing that on the way to factory, the accident is occured, they he is entitled for compensation, all this will be decided by the court of law.
As per my knowledge, the entitlement question of compensation will arise only when the employee suffers injuries while on official duty., i.e., after signing the attendance register having joined for the duties and travelling on official work
and met with accident while driving the vehicle as per the traffic rules or travelling in a hired/company vehicle only. Otherwise his entitlement is restricted to ESI
benefits or insurance as per his entitlement only.
The accident should be during the course and arising out of employment.In the case cited by you ,it appears that the second
condition is not satisfied.The situation would be different,if the employee was using transport provided by the company.