Page 142 - Liability Insurance IC74

The Insurance Times

telephone lines along a railway track. One day, while he
was returning with a bucket of water which he had
collected from a stationary engine, he was knocked
down by an incoming passenger train and killed.

Compensation was claimed on his behalf on the ground
that accident arose 'out of and in the course of
employment'. The DC held that in the absence of
evidence that one of the duties of Malhari was to fetch
water for cleaning the insulators, it could not be sate
surely that the accident arose out of and in the course
of employment.

The Commissioner game is recession on the additional
ground that there was negligence on the part of Malhari.
On appeal, the High Court observed that it was Malhari's
duty as a mazdoor to obey all directions which had any
association necessary for the work for the completion
of the task for which he had been employed, and one
such is obviously a direction to bring water on be asked
to do for cleaning the insulators.

The court took the view that Malhari was in the asked
to bring water for cleaning the insulators, and so to bring
water when asked to do so was one of the conditions of
employment. The Court held that negligence was

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