In Brief
A bus driver employed by the respondent company fell from the roof of a bus at the terminal while eating a meal at 8:30 pm, about an hour after completing his official driving duty. His legal heirs claimed workmen's compensation. The Tribunal rejected the claim. The Supreme Court held that the driver was required by the nature of his employment to remain with the bus 24 hours, out of necessity to maintain the efficiency and schedule of passenger services. His presence at the terminal was compulsory, not voluntary. Applying the doctrine of notional extension, the Court held the death arose out of and in the course of employment, notwithstanding that it occurred after formal duty hours during a meal break. The appeal was allowed and compensation awarded.
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