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AjaySharma (HR Manager)     18 December 2009

Workmen Compansation

A workmen going to home after complition of duty by shortest root and on GT Road -1 he met with accident, and died at Civil Hospital, Karnal. and Claim was filed to Insurance company for compansation under W.C. Policy, Now Insurance company has refused the claim by saying that he out of the factory premises and not on duty, hence claim is rejected now i need any copy of judgement if any regarding the questioned issued ....Regards Ajaay Sharma


 3 Replies

Arvind Singh Chauhan (advocate)     18 December 2009

Sir recently a judgment was published in Uttaranchal Apex Decesions 2009(1)-page 113. The facts of this case are same as of you. But I am unable to send the whole judgment and sending the extract only. In this Uttaranchal HC held -

Principle of notional extension of time of employment- Held that under Sec 3(1) the injury must be caused to workman by an accident arising out of and In the course of employment- There is notional extension at the both the entry and exit by time and space- The scope of such extension must necessarily depend on the circumstances- As employment may end or may begin not only when the employee begins to work or leaves his tools but also when he used the means of access and egress to and from the place of employment- SC’s judgment relied on- UTT- UAD-2009(1)-113.

AjaySharma (HR Manager)     19 December 2009

Dear Arvind jee,

Thanx a lot for your valuable time and reference, Can i get  Judge name, date of judgement, title etc to search the judgment ....Regards Ajaay

Arvind Singh Chauhan (advocate)     19 December 2009


Decided on 02-04-2008 by Honble Justice B.C. Kand pal.

I tried my best to find it on web but didn't get. I have no scanner. I am attaching the photos of judgment printed, from book, in Jpg format, try to read magnifying it and print if you can. Inform me of its acknowledgment.

Attached File : 43 43 judgment.rar downloaded: 189 times
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