| Citation(s) |
|---|
| 1952 SLG 122 1952 SLD 122 1952 PLD 84 |
Lahore High Court
First Appeal No. 27 of 1951, decided on 28th November 1951, from the order of Sheikh Muhammad Akbar (Senior Subordinate Judge, Sheikhupura), Commissioner under Workman Compensation Act, Sheikhupura, dated the 2nd March 1951.
M. R. KAYANI, J.
Sheikh Muhammad Shafi, for Appellant. Sheikh Khurshid Ahmad, for
Respondent.
First Appeal No. 27 of 1951, decided on 28th November 1951, from the order of Sheikh Muhammad Akbar (Senior Subordinate Judge, Sheikhupura), Commissioner under Workman Compensation Act, Sheikhupura, dated the 2nd March 1951.
M. R. KAYANI, J.
Sheikh Muhammad Shafi, for Appellant. Sheikh Khurshid Ahmad, for
Respondent.
Chaudhri MUHAMMAD IQBAL
VS
Mst. SARDAR BEGUM
Law:
Section:
Workmen Compensation Act (VIII of 7923)----------S. 3-Arising "out of employment",-Doing something reasonable, necessary and incidental to one's work is not creating unnecessarily perilous situation for oneself-Principles stated. The deceased engineer was in general charge of an engine. He proceeded to oil the engine in which operation he lost his life: Held that even if the duty of oiling the engine 'had been entrusted to another man, if the engineer who is in general charge of the engine does something that is "reasonable, necessary, and incidental" to his work, he would not be creating an unnecessarily perilous situation for himself. Some of the guiding principles may be summed up thus: 1. If the injury is occasioned by doing something which has no relation to the workmen's assigned work, it does not arise out of his employment. 2. But if what he does is reasonable, necessary and incidental to the work entrusted to him, although belonging to another department, it arises out, of his employment, unless it is excluded by an express or implied prohibition. 3. A mere prohibition does not, by itself, disentitle him to compensation, if he receives an injury by disobeying it, provided that in his disobedience he follows a recognised practice. 4. There must be something in the nature of a causal relation between the accident and the duty assigned to the workman. 5. The term "employment" should not be confined to the duties of a workman, but should extend to the character, conditions and incidents of the employment and the special risks involved therein. 142 1 C 472 ; (1914) A C .62 ; A I R 1940 Rang. 18 A I R 1948 Cal- 12 ; A I R 1927 Bom. 223 ; A I R 1937 Nag. 397 ; A I R 1942 Bom. 175 ; A I R 1943 Mad, 353 ref. JUDGMENT M. R. KAYANI, J.-Inayat Ali Shah, a workman employed in a woollen mill belonging to Chaudhri Muhammad Iqbal respondent, had his clothes caught in the engine while he was oiling it and received injuries on the 27th of December 1949, causing the fracture of his spine and leading to his death on the 30th of December. He used to receive Rs. 80 per mensem as wages, and his widow Mst. Sardar Begum made an application to the Commissioner for Workmen's…
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