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Report No. 62

3.2. Section 3(1) proviso (b)(i)-Influence of drugs or drinks.-

Under section 3(1), proviso clause (b)(i) compensation is barred for a non-fatal injury if the accident (which caused the injury) is "directly attributable to" the workman having been under the influence of drinks or drugs. This clause of the proviso requires some examination. The proviso, we presume, postulates that the accident did arise "out of, and in the 'course of the employment. Otherwise the case would be outside the section and would need no proviso to exclude it. But it excludes compensation on the ground that the accident is directly attributable to the situation mentioned above.

Workmens Compensation Act, 1923 Back

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