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TMI Blog1995 (4) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... nd only) to the SPG personnel who suffer permanent partial disablement as a result of injuries received while performing actual VIP security duty. 3. The relevant facts are admitted. The appellant was a security assistant in the Special Protection Group attached to the Cabinet Secretariat from 17.9.1985 and was amongst the security personnel attached to the Prime Minister's Office. On 20.6.1986 the appellant was required to be on such duty at the South Block, New Delhi from 9.00 am to 5.30 p.m. According to the official arrangement some members of the SPG personnel including the appellant were picked up by an official SPG vehicle from the staff quarters and the vehicle was going to the South Block when it was involved in a road accident at about 8.20 a.m. in which the appellant sustained certain injuries resulting in his permanent partial disablement on account of shortening of one leg. As a result of this disability the appellant became unsuitable for performance of the security duty of VVIPs and was shifted to a less important posting which also reduced his special allowance from 50% to 25%. 4. The appellant claimed the ex-gratia payment of ₹ 50,000 in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... high quality of personnel needed to constitute the SPG, some extra benefits are given to them for the much greater risk they take and the greater danger to which they are exposed. The above circular providing for grant of ex-gratia payment to the SPG personnel in the event of sustaining injuries has the same object. 8. The circular Annex. 'N' dated 24.1.1990 modifies the earlier circular dated 13.6.1986 and enhances the rates and enlarges the extent of application thereof to the SPG personnel. It shows that provision is made for payment for injuries sustained not only while performing actual VIP security duty but also while performing duty other than actual VIP security duty . Thus ex-gratia payment, according to the scheme is made even to those SPG personnel who sustain injuries while performing duty other than actual VIP security duty . This is the concept of the ex-gratia payment to SPG personnel under the circular. An explanatory note in that circular is as under : For the purpose of ex-gratia payment, the duty other than actual VIP duty would include training also. This note indicates that even when a person belonging to the SPG is on training, he would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... work. There may be some reasonable extension in both time and place and a workman may be regarded as in the course of his employment even though he had not reached or had left his employer's premises. The facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all times this theory of notional extension. (para 7) ... It is well settled that when a workman is on a public road or a public place or on a public transport he is there as any other member of the public and is not there in the course of his employment unless the very nature of his employment makes it necessary for him to be there. A workman is not in the course of his employment from the moment he leaves his home and is on his way to his work. He certainly is in the course of his employment if he reaches the place of work or a point or an area which comes within the theory of notional extension, outside of which the employer is not liable to pay compensation for any accident happening to him.... (Para 8) (Emphasis supplied) In the facts of that case the employe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 73) (emphasis supplied) This indicates that there must be a causal relationship between the accident and the employment; or the accident must be related to a risk which is an incident to the employment. The House of Lords in Lancashire and Yorkshire Railway Co. v. Highley [1917] A.C. 352, relied on in the above decision indicated the test as under: There is, however, in my opinion, one test which is always at any rate applicable, because it arises upon the very words of the statute, and it is generally of some real assistance. It is this : Was it part of the injured person's employment to hazard, to suffer, or to do that which caused his injury? If yes, the accident arose out of his employment.... (Emphasis supplied) 12. In Halsbury's Laws of England, Volume 33, Fourth Edition, the summary is stated thus: 490. ACCIDENT TRAVELLING TO AND FROM WORK. The course of employment normally begins when the employee reaches his place of work. To extend it to the journey to and from work it must be shown that, in travelling by the particular method and route and at the particular time, the employee was fulfilling an express or implied term of his contract of servic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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