Page 141 - Liability Insurance IC74

Guide for Liability Insurance

which is neither expected nor desired'. The words 'in
the course of employment' indicate the time when the
injury is caused, whereas the words 'out of employment'
establishes the causal connection between the injury and
the employment.

If the workmen dies a natural death while on duty, no
liability attaches to the employer unless it can be proved
that the death was caused by strains and stresses
particular to the employment. Even when the death of
the workmen is caused by a aggravation of a pre-existing
disease due to an accident, it is held that the death is
deemed to have resulted from the accident.

In Lakshmibai Atmaram v Bombay Port Trust, 1954
case, the Bombay High Court held that the workmen
who suffered from a heart ailment and died on account
of excessive strain associated with the work, the
accident occurred 'out of employment' in the employer
was liable to pay compensation.

Another case law, N.L.Malhari v Post Master General
Bangalore can explain the interpretation of Courts on
the phrase 'arising out of and in the course of
employment.' Malhari was one of the mazdoors
employed by the P&T Department for the erection of

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