Mackinnon Mackenzie and Co (P) Ltd v. Ibrahim Mahmmed Issak

SC • 1969
Summary

Doctrine of Added Preil -
Relief shall not be granted in absence of corroborative evidence. Held that while “arising out of employment” includes risks incidental to duties, the claim fails if the workman exposes himself to an “added peril” through his own imprudent act.


Citations

(1969) 2 SCC 607, MANU/SC/0310/1969

Keywords

Disablement, Labour Law

Overruled

None

Notes

Relief shall not be granted in absence of corroborative evidence. held that while “arising out of employment” includes risks incidental to duties, the claim fails if the workman exposes himself to an “added peril” through his own imprudent act.

There must be a causal relationship between the accident and the employment.

The expression “arising out of employment” is not confined to the mere nature of the employment. The expression applies to employment as such to its nature, its conditions, its obligations and its incidents.

If by reason of any of those factors the workman is brought within the zone of special danger, the injury would be one which arises “out of employment.”

If the accident had occurred or account of a risk which is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own Imprudent act

Notes Raw Data

Relief shall not be granted in absence of corroborative evidence. held that while “arising out of employment” includes risks incidental to duties, the claim fails if the workman exposes himself to an “added peril” through his own imprudent act.
There must be a causal relationship between the accident and the employment.
The expression “arising out of employment” is not confined to the mere nature of the employment. The expression applies to employment as such to its nature, its conditions, its obligations and its incidents.
If by reason of any of those factors the workman is brought within the zone of special danger, the injury would be one which arises “out of employment.”
If the accident had occurred or account of a risk which is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own Imprudent act