Page 140 - Liability Insurance IC74

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Q1. According to Section 3 of the Workmen's
Compensation Act "The employer is liable to pay
compensation laid down in the Act if personal
injury is caused to workmen by accident arising
out of and in the course of employment." Explain
this provision with the help of case law.

Ans. Repeat of Q1 of May 2008

According to this Act, an employer is liable to pay
compensation if person injury is caused to the workmen
by accident arising out of and in the course of
employment. However, the employer is not liable in
respect of any injury caused by an accident which is
directly attributable to:
(i) the workmen having been under the influence of

drink or drugs.
(ii) the willful disobedience of the workmen to orders

and rules expressly given secure the safety of the
workmen.
(iii) the willful removal or disregard by the workmen of
any safety device provided for the safety of
workmen.

All the above three defenses however are not available
to the employer, if the injury results in death. The term
'accident' is given its popular meaning, viz 'and event

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