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Report No. 62

3.16. Meaning of the expressions "in the course of" and "out of".-

According to the Supreme Court judgment in Machinnon Mackenzie v. Ibrahim Issac, AIR 1970 SC 1906 (1908), para. 5.6 (follows 1917 AC 352), (Case under Workmen's Compensation Act), the words "in the course of employment" in the Workmen's Compensation Act, mean "in the course of the work which the workman is employed to do and which is incidental to it". The words "arising out of the employment" are understood to mean that "during the course of the employment", injury has resulted from some risk incidental to the duties of the service which, unless engaged in the duty owing to the matter, it is reasonable to believe the workman would not otherwise have suffered.

In other words, there must be a, casual relationship between the accident and the employment, that is, if the accident had occurred on account of a risk which is an incident of the employment, the claim for compensation must succeed unless the workman has exposed himself to an added peril by his own imprudent act. This is an interpretation of the existing section. After the proposed amendment, the burden of proof will be shifted, as explained above.1

1. Para. 3.15, supra.

Workmens Compensation Act, 1923 Back

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