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Sandeep Kumar Mishra (Divisional Manager)     25 June 2012

Met accident while travelling to plant

Dear Sirs, One of our employee met an accident while traveling from his residence to plant to attend his duty. He was traveling through his own motorcycle. After the accident, he was brought to the 1st Aid Center inside the plant and then referred to the local hospital for further treatment. Now he has submitted an application claiming IOW / Grant of leave with salary for the period he was on leave. Please advise, the law in support / against the above case. Warm Regards, Sandeep


 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     25 June 2012

He is entitled this is known as notional extension of course of employment. He is notionally taken to be on employment when the incident happenned, for the simple reason that the journey to and fro the place of work is considered to be within the course of employment. 

N.K.Assumi (Advocate)     25 June 2012

Agree with Adv Bharat. He was on his way to duty.


If he is covered by ESI, would be entitled to leave pay and accident benefits. ESI law also recognize the notional extension of employment; 


KAMESWARARAO S (General Manager - HR)     26 June 2012

Even if he is covered under Group personal accident scheme then the GPA will take care of. As rightly mentioned by our friend Mr.Vasudevan his case can be taken care by ESI if he is covered under ESI. It is better to cover all the employees with GPA who are out of ESI so that the risk for employer will be less.

Regards - kamesh 

NRK MURTHY (Manager)     26 June 2012

Dear Sir,


If he is covered under esi he will go on esi leave.

Esi not covered employer will grant a special leave to him with full wages to petaining leave period.



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