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
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.
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)