9911796707
TMI Blog1954 (1) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... fter he was stabbed by some unknown person. It is not disputed by the railway company that the deceased died as a result of an accident, nor is it disputed that the accident arose in the course of his employment. But what is disputed is that the accident did arise out of the employment of the deceased. The learned Commissioner for Workmen's Compensation held that the accident did not arise out of the employment and therefore dismissed the claim made by the applicant, who is the widow of the deceased. She has now come in appeal. 2. Now, It is clear that there must be a causal connection between the accident and the employment in order that the Court can say that the accident arose out of the employment of the deceased. It is equally clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection between the employment and the accident is established. There is no evidence in this case that the employee in any way added to the peril. There is no evidence that he was stabbed because the assailant wanted to stab him and not anybody else. It was suggested in the evidence that the employee was also a money-lender apart from being a mukadam in the service of the railway company. But the point was not pursued and it was not pioved that by reason of his being a money-lender he had any enemies who were likely to fall upon him and do him to death. Mr. Desai who appears for the railway company has argued that a railway servant was prohibited from doing any other business. But it is not established that by his doing this prohibited busi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... air', 1917 AC 127 (C). In that case a woman employed by a fish-curor, while working in a shed belonging to her employer, was injured by the fall of a wall which was being built on the property of an adjoining proprietor, with the result that the roof of the shed collapsed and the woman was buried under the wreckage, and the House of Lords held that the accident arose out of her employment, and the principle is well stated by Lord Shaw p. 142): "..In short, my view of the statute is that the expression 'arising out of the employment' is not confined to the mere nature of the employment'. The expression, in my opinion, applies to the employment as such - to its nature, Its conditions, its obligations, and its incidents. If by reason of any o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icular person being done to death. In our opinion there is not an iota of evidence in this case, that the employee was done to death because someone was interested in murdering him. Nor is there any evidence that the employee was bound to be murdered, whether he was on the spot in the course of his employment or anywhere else. Faced with this difficulty Mr. Desai's contention is that the burden was upon the applicant to establish that the risk which the employee ran was a risk which was not personal to him. Now, there can be no doubt that before an applicant under the Workmen's Compensation Act can succeed he must discharge the burden of proving (1) that there was an accident, (2) that the accident arose in the course of the employment, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ish either that the peril was brought about by the employee himself, that he added or extended the peril, of that the peril was not a general peril but a peril! personal to the employee. It is because of this that the authorities have made it clear that the causal connection Between the accident and the employment which the applicant has to establish is not a remote or ultimate connection, but a connection which is only proximate. Once that proximate connection is established the applicant has discharged the burden, and in this case the proximate connection between the employment and the injury is the fact that the deceased was at a particular spot in the course of his employment and it was at that spot that he was assaulted and done to de ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
