The question (6 marks)
K, aged thirty, was employed as a helper on a goods vehicle. After the vehicle was parked for the night the driver sent him across the road to buy tea for the crew, and while crossing he was struck by a motorcycle and lost his left thumb. The employer says that the accident happened off the premises, after the day's work was over, and that K was crossing the road carelessly. (a) Is the employer liable? (b) What kind of disablement has K suffered and how would his compensation be worked out? (6 marks)
MU Module II, problem on employer's liability and computation; pack ch. 02 §§3–4.
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, ss. 2(1)(dd) and 2(1)(g) with its proviso
- Employees' Compensation Act 1923, s. 3(1) and its proviso
- Employees' Compensation Act 1923, s. 4(1)(b) and (c) with Explanation I
- Employees' Compensation Act 1923, Schedule I Part II and Schedule IV
- Employees' Compensation Act 1923, ss. 4A and 19
- Saurashtra Salt Manufacturing Co. v. Bai Valu Raja
- New India Assurance Co. v. Smt Padmavati
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.