Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court

Delineating the critical importance of establishing a causal connection between accidents and employment in workmen's compensation claims the Jammu and Kashmir and Ladakh High Court has ruled that in case of an employee's death, claimants must demonstrate a clear link between the accident and the course of employment to be eligible for compensation under Section 3 of the Workmen Compensation Act, 1923. “To be eligible to claim compensation under Section 3 of 1923 Act in case of death of a workman, his legal representatives, the claimants, are required to be prove before the Commissioner that the death by accident has arisen both out of and in the course of employment”, Justice Sanjeev Kumar recorded. Observations Of The Court: Emphasising the need for claimants to prove not only that the accident occurred during the course of employment but also that it arose out of the employment Justice Kumar observed, “.The word “and” used between the expression “arising out of” and “in the course of employment” is conjunctive and, therefore, it is incumbent upon the claimants to prove by leading cogent evidence that death of their predecessor-in -interest occurred both, 'out of' and 'in the course of employment”. In this case, the Court observed that the claimants failed to establish that Sharma's death was an accidental murder arising out of his employment duties and remarked, “The claimants have though amply proved that the at time of his death, the deceased driver was in the course of employment of respondent No.7, yet there is no evidence brought on record to show that the death was an accidental murder occurred out of his employment.