Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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PBS KUMAR (HR - PROFESSIONAL)     17 September 2008


Dear All,

One of the employee  while comming for his shift he met with road accident and lost his right leg. Is it attracts the W.C Act. Since the accident is occured out side of the Factory premices, and the accident occured neary 5 - 10 km from the factory. Please give the feed back immediately.






 5 Replies

Saravana Rajan   17 September 2008

The employee was neither on duty nor in the factory premises at the time of acccident, hence W C Act need not be applied. But on humanitarian grounds, the management has to compensate the employee accordingly.

-Saravana Rajan


Ramesh.s (DGM - HR)     17 September 2008

Dear Mr. Saravanan Rajan

as per the Factory act and I D Act says and came to know that if any employee

meet with accident while comingthe factory or return to home. the employer is

Sole responsibility to take care  the accident entire expenditure. 

he can apple the before the D C L and get the claim.

if it is wrong kindly clarify my doubt.



H. S. Thukral (Lawyer)     17 September 2008

In the facts of the case stated by you, a claim under the WC Act is not maintainable. The accident did not occur out of or in the course of employment as per section 3 of the Act. If the workman was trevelling by a transport provided by his employer then notional extension of the expression out of and in the course of employment  would have been applicable. In this case the workman was at that place like any member of public. 

suggested reading 

General Manager, B. E. S. T. Undertaking, Bombay v Mrs. Agnes

1963 (2) LLJ 615,(SC)


Gaurav Jain (Providing Legal Services)     17 September 2008

The compensation under W.C. Act is not maintainable. But U can get the Claim from Insurance Company and there is one scheme of "Rajiv Ghandhi" in which the executors of deceased person cn get the benifit of near abt. 1 Lac Rs.



Gaurav Jain 

Saravana Rajan   18 September 2008

Dear Mr. Ramesh,

Hope the valuable inputs by Mr. Harbhajan and Mr. Gaurav answer your query.

-Saravana Rajan

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