amit raje
Dear All,
Help me understand if the employee met with an accident while going home will it be considered under WC policy as accident arising out of the course of employment?
If yes a judgement regarding the same would be helpful.
Regards,
Amit

From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Kritarth Consulting
Posh Programs; Hr Management Consultants

Kritarth Consulting
200

In course of Employment connotes the Time & Place of Accdent while the eligible Worker was On-Duty at his/her Workplace whereas "Arising out of Employment" connotes the Period and Place of Accident which occurs whle s/he is / was coming to or retrning from her/his regual Workplace while using the regular Travel Route.
This is the Understanding of Kritarth Team who look forward to correct Interpretation
Kritarth Team,
Bengaluru Office
5 Dec 2019

From India, Delhi
bijay_majumdar
358

On duty accident,off duty accident,accident while commuting for duty from home to place of work,or from place of work to home.
Accident while commuting to any place for the purpose of duty during regular working hours or during off hours or travelling long distances for the purpose of duty.
All above stated reasons states that if it can proved that if the accident was due ot reasons of duty or attributed to duty shall call for full compensation.

From India, Vadodara
Babu Alexander
294

Both ways it can be interpreted. Different courts passed different judgement, depending on the circumstances of how the accident occurred. The workmen after the working hours leaves the Factory premises on his way to home, he is exposed to public hazard also, and any accident by /on vehicle the compensation can be claimed based on Motor Vehicle Insurance Act. Notional extension of working hours( from Factory to Home and to Factory) could be established, depending on his regular and short route, and establishing the fact he did not attend to nay personal work on this hours, and not exposed to any public hazard. If the workmen met with an accident while travelling in company's vehicle then the accident to be considered while on duty. Which ever beneficial to the workmen could be filed for claim of compensation. Mostly compensation decided depends on the circumstances.
From India, Madras
PRABHAT RANJAN MOHANTY
536

The employee met with an accident while going home or coming to duty is come under WC Act, considering the situation facts & figure into consideration.
This type cases are considered under " Doctrine of Notional Extension" is applied to consider for Compensation under WC Act.

From India, Mumbai

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