Summary
The Supreme Court restored compensation for a truck driver who drowned while fetching water and refreshing himself during an ongoing journey in extreme heat. Applying notional extension of employment, the Court held that these acts bore a sufficient connection with safe performance of his duties. Compensation with the Commissioner’s interest direction was payable within six weeks, but payment of the employer’s penalty did not arise because she had been deleted as a respondent.
Issues
- Whether the driver’s fatal accident while fetching water and bathing during the journey arose out of employment.
- What compensation directions survived deletion of the employer from the proceedings.
Held
- The compensation legislation warrants an interpretation advancing its beneficial purpose. Notional extension depends on the facts and can cover acts beyond the immediate work location that remain sufficiently connected with employment. (¶¶ 7, 8, 9, 10, 11)
- In the extreme afternoon heat, the driver needed to remain fresh and alert for safe continuation of his employer’s journey. Fetching water and refreshing himself at the canal were incidental to those duties; the accident arose out of employment as well as occurring during it. (¶¶ 11, 13)
- The precedent involving a driver who bathed after completing a journey to a temple was distinguishable. Here the working journey remained in progress. (¶ 14)
- The Commissioner’s compensation order was restored with payment within six weeks. Because the employer had been deleted, the question of payment of the penalty by her did not arise. (¶ 15)
Result
Appeal allowed, High Court order set aside and Commissioner’s award of Rs 4,45,420 with 12% interest from the accident to deposit restored for payment within six weeks. No payment of the deleted employer’s penalty directed.