Law: Workmen's Compensation Act (V111 of 1923)

Section:

Workmen's Compensation Act (VIII of 1923).   Ss. 3 & 4--- Workman at time of accident not discharging duties of employment, but just going to take his afternoon meal---Not entitled to any compensation.   P L D 1953 Lah. 312; (1945) 6 A E R 241; 1942 Bom. 175 and A I R 1935 Rang. 173 ref.    ORDER   Deceased Asghar Ali met with an accident on 6-10-59, at 1-30 p.m. outside BungalowNo. 75, N. 1. Lines, Garden Road, Jahangir Park with a truck bearing K. A. P. S 162. It is alleged that the truck concerned collided against the side gate of the said Bungalow and its pillar fell on the chest of the deceased causing instantaneous death. The appellant, widow of the deceased, claimed compensation under sections 3 and 4 of the Workmen's Compensation Act, clause 23, on the ground that the deceased met with the accident during the course of his employment with the respondent Co. The learned Chief Judge, Small Causes Court on the evidence of the parties came to the conclusion that at the time of the accident the deceased was not in actual employment of the employee and was not entitled to any compensation.   Mr. Faizanul Haq the learned counsel foe the appellant cited before me P L D 1953 Lah. 312, 6 A E R (1945) 241, 1942 Bom. 175, 1933 S C489 (sic) and A I R 1935 Rang. 173 to show that, the words "accident arose out of employment" has been given a very literal interpretation. He contended that the principle applied in such cases 'is that if the accident is shown to have happened while the deceased was in the course of his employ ment and at a place where he was discharging the duties .of his employment, and the accident is capable of being attributed to a risk which is ordinarily inherent in the discharge of such duties, the court should ordinarily in the absence of any…