Sale Deeds Must Be Interpreted Literally When the Language is Clear and Unambiguous: Supreme Court    |     Non-Signatory Can Be Bound by Arbitration Clause Based on Conduct and Involvement: Supreme Court    |     Right to Passport is a Fundamental Right, Denial Without Justification Violates Article 21: Allahabad High Court    |     Insurance Company's Liability Remains Despite Policy Cancellation Due to Dishonored Cheque: Calcutta High Court    |     Deductions Under Sections 36(1)(vii) and 36(1)(viia) of the Income Tax Act Are Independent and Cannot Be Curtailed: Bombay High Court    |     Diary Entries Cannot Alone Implicate the Accused Without Corroborative Evidence: Supreme Court Upholds Discharge of Accused in Corruption Case    |     MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     If Two Reasonable Conclusions Are Possible, Acquittal Should Not Be Disturbed: Supreme Court    |     Kalelkar Award Explicitly Provides Holiday Benefits for Temporary Employees, Not Subject to Government Circulars: Supreme Court Upholds Holiday and Overtime Pay    |     NDPS | Homogeneous Mixing of Bulk Drugs Essential for Valid Sampling Under NDPS Act: Punjab & Haryana High Court    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     POCSO | Scholar Register Is Sufficient to Determine Victim’s Age in POCSO Cases: Madhya Pradesh High Court    |     Abuse of Official Position in Appointments: Prima Facie Case for Criminal Misconduct: Delhi High Court Upholds Framing of Charges Against Swati Maliwal in DCW Corruption Case    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |     Dowry Death | Presumption Under Section 113-B Not Applicable as No Proof of Cruelty Soon Before Death : Supreme Court    |     Gift Deed Voided as Son Fails to Care for Elderly Mother, Karnataka High Court Asserts ‘Implied Duty’ in Property Transfers    |     Denial of a legible 164 statement is a denial of a fair trial guaranteed by the Constitution of India: Kerala High Court    |     Safety Shoes Used as Weapon Meets Mens Rea Requirement for Murder: Rajasthan HC on Bail Denial    |     Fraud on the Courts Cannot Be Tolerated: Supreme Court Ordered CBI Investigation Against Advocate    |     Land Acquisition | Jaiprakash Associates Ltd. (JAL) Liable for Compensation under Supplementary Award, Not Ultra-Tech Cement Ltd.: Supreme Court    |     Non-Mentioning of Bail Orders in Detention Reflects Clear Non-Application of Mind: J&K High Court Quashes Preventive Detention Order    |     Conviction Under Arms Act and Criminal Conspiracy Quashed Due to Non-Seizure of Key Evidence and Failure to Prove Ownership of Box: Jharkhand High Court    |     Prima Facie Proof of Valid Marriage Required Before Awarding Maintenance Under Section 125 Cr.P.C: Calcutta High Court Sets Aside Interim Maintenance Order    |    

Notional Extension of Employment Brings Accident During Medical Aid Within Employment Scope: Kerala High Court

07 May 2024 8:19 AM

By: Admin


In a landmark judgment, the Kerala High Court on 9th April 2024, upheld the principles of notional extension of employment in the case of The Oriental Insurance Co. Ltd. Vs Radhakrishnan & Others. The court dismissed the appeal filed by The Oriental Insurance Company challenging the compensation awarded to a bus conductor who met with an accident while seeking medical aid for a condition experienced during his employment.

Legal Point of Judgment: The primary legal issue revolved around whether the bus conductor’s accident, which occurred while he was on his way to the hospital for a condition experienced during work, fell within the scope of his employment for the purposes of compensation under the Workmen’s Compensation Act, 1923.

Background: The bus conductor, employed by the 2nd respondent and later involving a bus owned by the 3rd respondent, suffered chest pain during his employment and subsequently met with an accident while traveling to the hospital. The Commissioner for Workmen’s Compensation awarded him a compensation of Rs.1,13,736/-, which was challenged by the Oriental Insurance Company.

Transfer of Liability: The court referenced Section 157 of the Motor Vehicles Act, 1988, noting that the liability of the insurance policy transfers with the ownership of the vehicle, as established in “Mallamma (Dead) by L.rs. v. National Insurance Co. Ltd. And Others [(2014) 14 SCC 137]”.

Notional Extension of Employment: The court applied the principle of notional extension of employment, asserting that the journey to the hospital for medical aid falls within the scope of employment. This principle was supported by precedents such as “General Manager, B.E.S.T Undertaking, Bombay v. Mrs.Agnes [AIR 1964 SC 193]” and further cases.

Scope of Employment: The court found no impropriety in the Commissioner’s findings that the accident occurred in the course of the claimant’s employment, thereby justifying the compensation.

Decision: The appeal by The Oriental Insurance Company was dismissed, affirming the compensation to the bus conductor.

Date of Decision: 9th April 2024.

“The Oriental Insurance Co. Ltd. Vs Radhakrishnan & Others”,

Similar News