legal liabilities of employeer when employee meet with accident in self manged vehicle.
dharminder singh
(Querist) 07 April 2008
This query is : Resolved
being a hr professional ,what are the legal liabilities,when some of employees meet with accident while leaving forhome on their self managed vehilcle away from factory say 100 m(total 5-7 employees).
dharminder singh
(Querist) 07 April 2008
kindly explain why & under what section of esi act.
H. S. Thukral
(Expert) 10 April 2008
'Employment Injury' as defined in section 2(8) of ESI Act means an injury to an employee caused by an accident or an occupational disease arising out of and in the course of employment.
A person is in the course of his employment while doing something which he is under an obligation to do It does not follow that because the accident happened on an employer's premises,it necessarily arises in the course of employment for it may be that the employed person has yet not entered upon the employment or he has already disentangled himself from the employment.The course of employment ususally begins when an employee has already reached his place of employment/work. To extend it to the journey to and fro work it must be shown that in travelling by a particular method/route/part6icular time the employee was fulfilling an implied or expressed term of the contract of service. The test is an employee is in course of employment, if on journey, he was travelling in the perfromance of duty or whether the journey was incidental to performance of that duty and not merely preparatory to the performance of it. The test further is , whether the employee was exposed to that particular risk by reason of his employment or whether he took the same risk like any other person incurred while travelling.
In this reference , the law by the SC in the case of Regional Director, E.S.I. Corporation and Another v Francis De Costa and Another 1997 (1) LLJ 34, 1997 AIR(SC) 432, 1996 (6) SCC 1, may kindly be gone through.
