EMPLOYMENT INJURY - EMPLOYEES' STATE INSURANCE ACT, 1948 - SECTIONS 2(8) AND 51 (A)

EMPLOYMENT INJURY - EMPLOYEES' STATE INSURANCE ACT, 1948 - SECTIONS 2(8) AND 51 (A)
(The employee who had gone out in recess for food and sustained an injury by falling down, cannot be said to have sustained employment injury.)
The appellants are the legal heirs of deceased workman who was in the service of the respondent. It appears that during recess, the workman went out for food and at that time he received an injury by falling down. It appears that subsequently he died of the said injury. The appellants therefore filed an application for compensation before the ESI Court but, it came to be dismissed on the ground that the injury sustained by the workman was not covered by employment injury as defined in section 2(8) of ESI Act.
Being aggrieved by the denial of their claim, the appellants filed the present appeal contending that any injury to an employee which arises out of and in the course of his employment would be an employment injury. It was therefore submitted that the death of the concerned employee on account of the said accident should have been treated as death caused by accidental injury during employment.
The High Court relied upon a Supreme Court decision reported in AIR 1997 SC 432 wherein it was observed that unless an employee can establish that the injury was caused to him or had its origin in the employment, he cannot succeed in a claim based on section 2(8) of the ESI Act. It was pointed out that the words "Accident arising out of his employment" indicate that any accident which occurred while going to the place of employment or for the purpose of employment cannot be said to have arisen out of his employment.
There must be casual connection between the accident and the employment. In view of this position, the High Court held that the injury sustained by the concerned workman cannot, by any stretch of imagination, be said to be an employment injury. Consequently, the High Court dismissed the  appeal.
- Latikaben & Ors. v. Regional Director, ESI Corporation H. C. Guj. 2017.
THE EMPLOYEES' STATE INSURANCE ACT, 1948

11 comments:

  1. If you have been unfortunate enough that you are injured in a car accident or accident at work place, then you are entitled to make a personal injury claim. Hire an expert personal injury lawyer to get a fair amount of compensation as soon as possible. Duty to Warn

    ReplyDelete
  2. At the point when this happens, they are slanted to record a lawsuit. Before doing as such, it is essential to talk with a lawyer.injury lawyer Raleigh

    ReplyDelete
  3. I dead consider joyous when I acquire articles pertinent to my process and my issue.Michigan auto accident lawyer Vist Site Elia & Ponto

    ReplyDelete
  4. I might want to thank you for the endeavors you have made in composing this article. I am trusting the same best work from you later on too.. airdrop wolves

    ReplyDelete
  5. It is consummately alright to talk with potential lawyers and after that go on if the fit isn't right. Depend on your senses and ensure you're working with a mind injury lawyer who you have full confidence in and regard for. slip and fall lawyers near me

    ReplyDelete
  6. This is very educational articles and other content not to mention prepared most certainly on a modification. I'm sure in 릴게임사이트 fact very happy to vacation at your blog. I just investigate your blog regular not to mention make an attempt to gain knowledge of something from your very own blog page. Regards not to mention waiting for a latest post.

    ReplyDelete
  7. Wow, happy to see this awesome post. I hope this think help any newbie for their awesome work. By the way thanks for share this awesomeness from Personal Injury Lawyer Colorado Springs

    ReplyDelete
  8. All you need are the telephone numbers and email addresses of trusted corporate, employment law and litigation lawyers.philadelphia car accident attorney

    ReplyDelete
  9. Depending on the nature of your business, you may also need an intellectual property lawyer, who deals with trademarks, patents and copyright. You may even need a tax lawyer because not all tax issues can be solved by an accountant.
    philadelphia car accident attorney

    ReplyDelete
  10. The uplifting news, when you at long last choose to employ an authority fender bender lawyers is that you can discover effectively and advantageously. what to do after a slip and fall accident

    ReplyDelete
  11. Pretty good post. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your blog posts. Any way I'll be subscribing to your feed and I hope you post again soon. Big thanks for the useful info. ibaohiem.vn

    ReplyDelete