Summary
A sales engineer’s fatal road accident while returning from an assigned field visit arose out of and in the course of employment. His work required the journey, distinguishing it from ordinary commuting on a public road. The Court returned the matter to the Commissioner to decide the remaining issues, without itself determining compensation.
Issues
- Whether a fatal accident on the return journey from an employer-directed field assignment arose out of and in the course of employment.
Provisions considered
- Section 3(1), Employees’ Compensation Act, 1923Requires injury by accident arising out of and in the course of employment; the assigned journey satisfied that nexus. (¶¶ 5–7, 20–21)
Held
- The two statutory expressions address the course of employment and its causal connection with the injury. Their application depends on the employment’s nature, obligations and incidents; reasonable notional extension can cover travel beyond the workplace. (¶¶ 6–8, 15–19)
- The deceased travelled to test equipment on the employer’s instructions and was returning after completing that work. His presence on the road was incidental to employment, and no material showed an added peril from an imprudent act. The accident therefore satisfied Section 3(1). (¶¶ 6, 9, 20–21)
Result
Appeal disposed of without costs; employment-nexus finding recorded in the claimants’ favour and matter returned to the Commissioner for decision on the remaining issues.