In Brief
A deceased night watchman was proceeding to work on his motorcycle when he met with a fatal accident 5 km from the factory. The Supreme Court held that accidents occurring to employees while commuting from home to the workplace or vice versa fall within the Employees' Compensation Act, provided a nexus exists between the accident's circumstances, time, place and employment. The Court interpreted Section 3 of the EC Act to include such commuting accidents, following the interpretive approach laid down in Section 51E of the Employees' State Insurance Act, which was deemed clarificatory and given retrospective effect. The Court allowed the appeal, restored the compensation award to the family.
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