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Supreme Court of India 2020-03-06 allowed

POONAM DEVI vs ORIENTAL INSURANCE CO. LTD

Bench: 2 — Navin Sinha, Ashok Bhushan

In Brief

A 21-year-old truck driver died when he slipped into a canal while fetching water during a 200-km journey from Ambala to Meerut in extreme June heat. The Workmen's Compensation Commissioner awarded compensation, but the High Court reversed it, finding the death occurred during but not arising out of employment. The Supreme Court restored the award, holding that under the doctrine of notional extension of employment, a driver's act of refreshing himself and maintaining vehicle safety during a long journey in extreme heat is incidental to employment and thus covered under the Workmen's Compensation Act."

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