Question

Rules:

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts:

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

If the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then the Company would have been liable to pay compensation to Aashish Mathew if the latter:

Options

• Had been assaulted and grievously hurt by his neighbour inside the factory precincts over a property dispute.

• Had slipped and fractured his arm while trying to commute on a city bus from his home to the factory.

• Had been injured while traveling commuting on a bus provided by the Company and which he was required by his contract to use every day.

• Had been caught in the middle of a cross-fire between police and a gang of robbers while travelling to work on a city bus.

Answer 1

Had been injured while traveling commuting on a bus provided by the Company and which he was required by his contract to use every day.

Explanation:

See the case of National Insurance Co., Kanpur v.  Yogendra Nath, it is a case of vicarious liability.