Page 54 - Liability Insurance IC74

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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
irrelevant in the case of death and the accident had taken
place 'in the course of and out of employment'.

Q2. Give the difference with examples between:
Ans: (a) Negligence and private nuisance -negligence has

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