The Supreme Court has ruled that fatal accidents occurring during an employee’s commute to work are covered under the Employees' Compensation Act, 1923.
The case involved a night watchman who died in a road accident while travelling to his workplace. The Court observed that there was a direct connection between his journey and the performance of his duties.
While the High Court had earlier denied compensation, the Supreme Court held that such commuting accidents fall within the scope of “arising out of and in the course of employment.” It aligned the interpretation with that under the Employees' State Insurance Act, 1948.
[Daivshala & Ors. V. Oriental Insurance Company Ltd. & Anr.]
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