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TMI Blog2018 (12) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. This appeal is filed by the claimants against the judgment and award dated 28th May, 2018 passed by Commissioner, Employees' Compensation/Deputy Labour Commissioner, Meerut Region, Meerut in Employees Compensation Case No. 53 of 2016 whereby the Commissioner, Employees' Compensation has rejected the claim of the claimants. 3. By means of the present appeal following substantial questions of law are proposed by the appellant. a. Whether the Employees' Compensation Commissioner was justified in rejecting the claim petition while the deceased died during the course of his employment ? b. Whether the Employees' Compensation Commissioner was justified in not considering the death of the deceased while employee was died due to casual connection during the course of employment ? c. Whether the Employees' Compensation Commissioner was justified in ignoring the casual connection to the death of the deceased which caused the death during the course of his employment ? d. Whether the Employees' Compensation Commissioner was justified in rejecting the claim petition of the claimants while the death of workman arising out of the accident i.e. employee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er that the vehicle which was handled by the deceased as a driver was duly insured with respondent-Insurance Company and that the compensation is payable by the Insurance Company alone. 11. Per contra the Insurance Company has disbelieved and rejected the claim by saying that no evidence has been adduced which justify the claim. 12. In support of claim, the claimants have produced as many as eight documentary evidence and similarly the employer has also produced six documentary evidence before the Commissioner. 13. The contention of the claimants was that on account of over work and bad environmental condition and pollution, their son suddenly fell ill when he was performing his service and died. 14. The Commissioner Employees' Compensation has proceeded in the matter on the basis of documents which are adduced by the respective parties and has arrived at a conclusion that the deceased started his journey from Gurudashpur (Punjab) on 16.04.2016 and arrived at Sahajahanpur on 18.04.2016, has parked the said tanker/truck in the factory and accompanied with another driver went to take his meal at a hotel/Dhaba which is situated outside the factory. The Tribunal further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in the vehicle which he managed to park on the road side. 21. The entitlement to claim compensation is therefore dependent on fulfillment of the stipulations contained in Section 3(1) of the Workmen's Compensation Act, which read as under: 3. Employer's liability for compensation.-(1) If personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter: 1. Provided that the employer shall not be so liable - a) b) i) ii) iii) 22. However, there are decisions of the English Court as early as of the year 1903 onwards stating that unlooked-for mishap or an untoward event which is not expected or designed should be construed as falling within the definition of an accident and in the event of such untoward unexpected event resulted in a personal injury caused to the workman in the course of his employment in connection with the trade and business of his employer, the same would be governed by the provisions of Section 3 of the Workmen's Compensation. Such a le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who suffered it, even though everyman of commonsense who knew the circumstances would think it certain to happen. 23. In a recent decision of this Court in Shakuntala Chandrakant Shreshti (supra), the factors to be established to prove that an accident has taken place have been culled out and stated as under in paragraph 28: 28. In a case of this nature to prove that accident has taken place, factors which would have to be established, inter alia, are: 1. stress and strain arising during the course of employment 2. nature of employment 3. injury aggravated due to stress and strain 24. In Malikarjuna G. Hiremath V. Branch Manager Oriental, Oriental Insurance Co. Ltd. and another reported in AIR 2009 SC 2019 the principles to attract Section of the Workmen's Compensation Act have been stated as under in paragraph 14: 14. There are a large number of English and American decisions, some of which have been taken note of in ESI Corpn.'s case (supra) in regard to essential ingredients for such finding and the tests attracting the provisions of Section 3 of the Act. The principles are: 1) There must be a casual connection between the injury and the acciden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rse of the employment mean in the course of the work which the workman is employed to do and which is incidental to it. The words arising out of employment are understood to mean that during the course of the employment, injury has resulted from some risk incidental to the duties of the service, which, unless engaged in the duty owing to the master, it is reasonable to believe the workman would not otherwise have suffered. In other words there must be a casual relationship between the accident and the employment. The expression arising out of employment is again not confined to the mere nature of the employment. The expression applies to employment as such to its nature, its conditions, its obligations and its incidents. If by reason of any of those factors the workman is brought within the zone of special danger the injury would be one which arises 'out of employment'. To put it differently if the accident had occurred on account of a risk which is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act. In Lancashire and Yorkshire Railway Co. v. Highley, Lo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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