Report No. 62

3.9. Connection between "course of" and "out of Presumption" in section 51A, Employees State Insurance Act, 1948.-

Of course it is to be noted that before a presumption under the section can be raised, it must be proved that the accident arose "in the course of the employment". The words "arose in the course of", in section 3(1) of the Workmen's Compensation Act, 1923, have been generally1 construed as referring to the time, place and circumstances of the employment. It is only when these three links are established that the casual connections required by the words "in the course of can" be presumed.

1. See para. 3.34, infra.