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1 - 10 of 15 (0.21 seconds)The Motor Vehicles Act, 1988
The Employee's Compensation Act, 1923
Section 51A in The Employees' State Insurance Act, 1948 [Entire Act]
Section 46 in The Employees' State Insurance Act, 1948 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 52 in The Employees' State Insurance Act, 1948 [Entire Act]
The Regional Director,E.S.I. ... vs Francis De Costa & Anr on 11 September, 1996
32. Further, the casual connection between the accident and the
employment has been established in the facts and circumstances of the
case. Hence, the murder of the deceased was an accident and occurred
during the course of his employment with Respondent No.2 for the
purpose of the ESI Act. The reliance placed by the Respondent No.1 on
Signature Not Verified
Signed By:NEELAM FAO 236/2013 Page 10 of 12
SHARMA
Signing Date:30.06.2025
19:14:09
Regional Director, ESIC v. Francis De Costa, AIR 1997 SC 432 is
misplaced as it has been sufficiently proved that the deceased was at the
stockyard during the course of his employment. The deceased was at the
premises of the stockyard of the Respondent No.2 to perform his duties as
the night in-charge of the stockyard at the time of his murder by accused,
who was also an employee of Respondent No.2. There is no allegation or
evidence on record to show that the deceased and the accused had any
previous animosity for reasons extraneous to their employment with
Respondent No.2.
M/S National Insurance Company Limited vs Smt. Sheela Rani And Another on 2 November, 2011
14. The Appellants relied upon the judgment in the case of M/s.
National Insurance Co. Ltd Vs. Smt. Sheela Rani, 2012 (132) FLR 686
(P&H), to support the submission that the murder of an employee during
the course of his employment, in absence to the contrary was held to have
died during the course of employment.
Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
31.1. The term „accident‟ is neither defined in the Employees'
Compensation Act nor the General Clauses Act. According to the
Black's Law Dictionary, the term „accident‟ means an unforeseen
untoward incident, which was not reasonably anticipated.
31.2. The murder, as it is understood in the common parlance, is a
felonious act where death is caused with intent and the perpetrators of
that act normally have a motive against the victim for such killing. But
there are also instances where murder can be by an accident on a given
set of facts. The Supreme Court, in Rita Devi (supra) laid down the
following test to determine whether a murder can be an accident:-- --