<p class="title">The Supreme Court has extended the notional employment theory to grant compensation to the family of a 21-year-old truck driver, who drowned as he went to take a bath and fetch water to cool the vehicle in the heat of over 42 degrees Celsius. The court said his acts would always be regarded as act incidental to his employment.</p>.<p class="bodytext">A bench of Justices Ashok Bhushan and Navin Sinha ordered a compensation of Rs 4.45 lakh to be awarded to Poonam Devi and others, family members of the deceased driver under the Workmen Compensation Act.</p>.<p class="bodytext">They were aggrieved by the Punjab and Haryana High Court's order, which had allowed insurance company's contention that the death of the driver due to drowning in the canal occurred during the course of employment but did not arise out of the employment.</p>.<p class="bodytext">The bench, however, said, “A truck driver who would not keep himself fresh to drive in such heat would be a potential danger to others on the road.”</p>.<p class="bodytext">Every action of the driver to ensure the safety of the truck belonging to the employer and to his own self has to be considered as incidental to the employment by extension of the notional employment theory, the court added.</p>.<p class="bodytext">The top court said the Workmen’s Compensation Act, 1923, now christened as Employee’s Compensation Act, 1923 is a piece of socially beneficial legislation. The provisions will, therefore, have to be interpreted in a manner to advance the purpose of the legislation, rather than to stultify it.</p>.<p class="bodytext">The man was then driving a truck on June 11, 2003, from Ambala to Meerut. At about 12.30 PM, when he approached the bridge near village Fatehpur, he went to the Yamuna canal to fetch water and also to have a bath. Unfortunately, he slipped into the canal and died.</p>.<p class="bodytext">The top court noted the deceased was driving the truck as part of his employment in the sultry heat of 42.6 degrees Celsius. “The cabin of the truck was not air-conditioned and would have been a baking oven in the middle of the afternoon. It was a compulsion for the deceased to stay fresh and alert not only to protect the truck from damage but also to ensure a smooth journey and protect his own life by safe driving,” the bench said.</p>
<p class="title">The Supreme Court has extended the notional employment theory to grant compensation to the family of a 21-year-old truck driver, who drowned as he went to take a bath and fetch water to cool the vehicle in the heat of over 42 degrees Celsius. The court said his acts would always be regarded as act incidental to his employment.</p>.<p class="bodytext">A bench of Justices Ashok Bhushan and Navin Sinha ordered a compensation of Rs 4.45 lakh to be awarded to Poonam Devi and others, family members of the deceased driver under the Workmen Compensation Act.</p>.<p class="bodytext">They were aggrieved by the Punjab and Haryana High Court's order, which had allowed insurance company's contention that the death of the driver due to drowning in the canal occurred during the course of employment but did not arise out of the employment.</p>.<p class="bodytext">The bench, however, said, “A truck driver who would not keep himself fresh to drive in such heat would be a potential danger to others on the road.”</p>.<p class="bodytext">Every action of the driver to ensure the safety of the truck belonging to the employer and to his own self has to be considered as incidental to the employment by extension of the notional employment theory, the court added.</p>.<p class="bodytext">The top court said the Workmen’s Compensation Act, 1923, now christened as Employee’s Compensation Act, 1923 is a piece of socially beneficial legislation. The provisions will, therefore, have to be interpreted in a manner to advance the purpose of the legislation, rather than to stultify it.</p>.<p class="bodytext">The man was then driving a truck on June 11, 2003, from Ambala to Meerut. At about 12.30 PM, when he approached the bridge near village Fatehpur, he went to the Yamuna canal to fetch water and also to have a bath. Unfortunately, he slipped into the canal and died.</p>.<p class="bodytext">The top court noted the deceased was driving the truck as part of his employment in the sultry heat of 42.6 degrees Celsius. “The cabin of the truck was not air-conditioned and would have been a baking oven in the middle of the afternoon. It was a compulsion for the deceased to stay fresh and alert not only to protect the truck from damage but also to ensure a smooth journey and protect his own life by safe driving,” the bench said.</p>
