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Supreme Court of India 2019-01-22 allowed

Leela Bai and Another vs Seema Chouhan and Another

Bench: 2 — Navin Sinha

In Brief

A bus driver fell from the roof of his employer's bus at the depot after eating meals, shortly after the bus arrived following its daily route. The driver's heirs claimed workmen's compensation. The lower tribunal rejected the claim, finding the death occurred outside duty hours. The Supreme Court allowed the appeal, holding that because the driver's job required him to remain with the bus 24 hours a day for scheduling efficiency, he remained at the depot by compulsion, not choice. The accident was thus in the course of employment. The doctrine of 'notional extension' applies; the Act should be interpreted generously as welfare legislation. Compensation was awarded and remitted for computation.

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Workmen's Compensation Labour Law Accidental Death Course of Employment

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