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        Indian Laws

        The SC held that the fatal accident occurring 5 kms from the...

        Fatal accident during commute deemed employment injury under Section 51E of ESI Act, enabling compensation award

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The SC held that the fatal accident occurring 5 kms from the factory, while the deceased night watchman was proceeding to his workplace, arose out of and in the course of employment under the EC Act. Section 51E of the ESI Act, being clarificatory and retrospective, confirms that accidents during commuting are deemed to arise from employment, reflecting the beneficial social security purpose of both statutes. The Court emphasized the liberal construction required for social welfare legislation and the principle of statutes in pari materia. It restored the Commissioner for Workmen's Compensation's award, ordering compensation under the EC Act, and set aside the High Court's contrary judgment. The nexus between the time, place, and circumstances of the accident with employment was established, entitling the dependents to compensation. The appeal was allowed accordingly.
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