Even before the ESI (Amendment)Act 2010, which is yet to come in to force,as per the provisions of Section 51-C of the ESI Act,accident happening while travelling in employer's transport, or in any other transport as a passenger with the express or implied permission of his employer, is deemed to arise out of and in the course of employment, and th employee is eligible to disablement benefit.
The new amendment treats the accidents happening when travelling in other than employer's transport i.e. own vehicle or public transport etc. while coming for work or returning home after the work, as notional extension of employment for eligibility to disablement benefit.
-Ramanamurty, Hyderabad.