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compensation for accident at work place

If an employee dies at work place due to accident arise out of electric shock fromthe employers premise as the employee was trying to wash clothes for his personal need.the accident occured after the normal time of work hour.whether the employer is liable to pay compensation..please provide with some citation if possible

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6 Replies

H. S. Thukral (Lawyer) 21 May 2008

The compensation under the workmens compensation act is payable in case of an accident arising out of and in the course of employment( sec 3). Whether the accident occured out of or in the course of employment is both question of fact and law. In this case it will depend upon whether the washing of cloths necessiated after every working i.e. whether the employment would be such that the cloths are rendered dirty during the performance of duty. Not withstanding provisions of WCA the employer can be held liable for negligence /compensation. Compensation can be claimed under Fatal Accident Act.

Ajay kumar singh (Advocate) 21 May 2008

In my opinion it is just an accident and the employee can not be said to be at work,nor the employer can be held. liable to compensate

H. S. Thukral (Lawyer) 21 May 2008

In one case of Madras High Court, a workman who was living in an infactory accomodation, died of an accident after office hours , was held to have died in the course of employment ( Gokul Agro case of 2007)

Manish Singh (Advocate) 23 May 2008

I agree ith Mr. Thukral. The accident has been happened in the employer's premises and the matter whther it was in course of employment or not shall be decided by the court.