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1 - 6 of 6 (0.27 seconds)The Regional Director,E.S.I. ... vs Francis De Costa & Anr on 11 September, 1996
6. The learned counsel for the appellant then contended that there is no material on record to show that the accident had arisen out of and in course of employment. The learned counsel for the appellant has placed reliance upon the decision of the Supreme Court reported in Regional Director, E.S.I. Corporation and Anr. v. Francis De Costa and Anr., AIR 1997 SC 432 : 1996 (6) SCC 1 : 1997-I-LLJ-34 in support of his contention. In the aforesaid case, the employee met with an accident one kilometre away from the place of his employment while he was on his way to the factory where he was employed and application claiming disablement benefit was allowed. While interpreting the meaning of the expression "arising out of and in course of employment" the Supreme Court observed as follows at p. 43 of LLJ:
Mackinnon Mackenzie & Co. Pvt. Ltd vs Ibrahim Mahommed Issak on 14 August, 1969
In the above context, it has to be remembered as observed by the Supreme Court in the decision reported in Mackinnon Mackenzie case (supra), the expression "arising out of employment" is not confined to the mere nature of employment, the expression applies to employment as such to its nature, its conditions, its obligations and its incidents. If by reason of any of these factors, the workman is brought within the zone of special danger, the injury would be one which 'arises out of employment'.
Saurashtra Salt Manufacturing Co. vs Bai Valu Raja And Ors. on 28 April, 1958
In the decision reported in Saurashtra Salt Manufacturing Co. v. Bai Valu Raja, AIR 1958 SC 881 : 1958-II-LLJ-249 it was observed at p. 251 of LLJ:
United India Insurance Co. Ltd. vs Philo And Ors. on 1 February, 1996
10. Almost under similar circumstances, when a driver of a taxi was killed for the purpose of stealing the taxi by miscreants while the deceased was driving the taxi, it was held by a Division Bench of the Kerala High Court in United India Insurance Co. Ltd. v. Philo reported in 1997-I-LLJ-76 (Ker-DB) that the accident arose out of the employment.
Bhagubai vs General Manager, Central Railway, ... on 20 January, 1954
Similarly a Division Bench of the Bombay High Court presided by CHAGLA, C.J. in a decision Bhagubai v. General Manager, Central Railway reported in 1954-II-LLJ-403 (Bom-DB) observed at p. 404:
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