The question (12 marks)
"If personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation." Discuss the conditions of the employer's liability under the Employees' Compensation Act, 1923 and the circumstances in which that liability is excluded. Refer to decided cases. (12 marks)
MU Module II, Employees' Compensation Act 1923, employer's liability; pack ch. 02 §3.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Employees' Compensation and Standing Orders of Labour Law and Industrial Relations – II.
Authorities you will need
- Employees' Compensation Act 1923, s. 3(1) and both limbs of the proviso
- Employees' Compensation Act 1923, s. 3(2)
- Employees' Compensation Act 1923, s. 11(2) and (3)
- Employees' Compensation Act 1923, Schedule III Parts A, B and C
- Saurashtra Salt Manufacturing Co. v. Bai Valu Raja
- New India Assurance Co. v. Smt Padmavati
- United India Insurance Co. Ltd. v. (Smt.) Susheela
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.