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may 1992

Supreme Court of India · 1992-05-05

REGIONAL DIRECTOR, E.S.I CORPN. AND ANR. vs FRANCIS DE COSTA AND ANR.

Citation / case number
SC 1979/62809
Court
Supreme Court of India
Petitioner
REGIONAL DIRECTOR, E.S.I CORPN. AND ANR.
Respondent
FRANCIS DE COSTA AND ANR.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that an injury sustained by an employee while traveling to work on a route he regularly uses qualifies as an 'employment injury' under Section 75 of the Employees’ State Insurance Act, 1948. The Court emphasized that the determination of whether an accident occurred in the course of employment must consider the entire factual context, rejecting any simplistic approach. The Court upheld the findings of the Employees’ State Insurance Court and the High Court, confirming the employee's entitlement to compensation due to the accident occurring shortly before reporting for duty.

REGIONAL DIRECTOR, E.S.I CORPN. AND ANR. vs FRANCIS DE COSTA AND ANR. · Niyam