Injury – Not in the Course of Employment

In the case of Malikarjuna G. Hiremath v. Branch Manager, 2009 (121) FLR 216, the Hon’ble Apex Court had considered the fact situation when the deceased was employed as driver of truck and was driving the vehicle on the instructions of the owner of the truck and when the vehicle reached Gurugunta, he went to the pond and while taking bath at a pit, he had slipped and drowned. The Hon’ble Supreme Court in the said case has held that the cause of death of the deceased had no casual connection with the nature of work performed by the deceased in his employment. Thus, the Hon’ble Apex Court was of the view that the injury which cause the death of workman could not be said to have arisen out of and in the course of employment, and consequently, it was held that the liability of compensation cannot be fastened upon the owner or the insurer of the vehicle to pay compensation. Oriental Insurance Co. Ltd. v. Somdatt Sharma, 2019 (160) FLR 249.