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.