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Supreme Court of India 2020-03-06 allowed

POONAM DEVI AND OTHERS vs ORIENTAL INSURANCE CO. LTD

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

A 21-year-old truck driver died after slipping into the Yamuna canal while fetching water and bathing during a long-distance journey from Ambala to Meerut in June 2003. The Insurance Company argued the death did not arise from employment, while the legal heirs claimed compensation. The Supreme Court held that in extreme heat (42.6°C), a driver's action to refresh himself and fetch water is incidental to employment under the "notional extension" doctrine. Safe driving requires the driver to remain fresh and alert; failure to do so endangers others. Therefore, the death arose from and occurred in the course of employment. The Court restored the compensation of Rs. 4,45,420 with 12% interest awarded by the Workmen's Compensation Commissioner and allowed the appeal.

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