Court : Allahabad
Decided on : May-15-1972
Reported in : (1973)ILLJ387All
..... liable, even though the workman may himself have contributed to the accident by being under the influence of drink or drugs or by wilfully disobeying security measures or removing security devices. in case of death, the legislature has specifically included cases where ths workman by his misconduct of the kinds mentioned in the proviso causes ..... to risks of an accident. such risks are what are generally called 'environmental' or 'community' risks, i.e., risks inherent in the surroundings like risks from natural forces (e.g., lightning, etc.). there are other general risks popularly called 'street' or 'locality' risks. in all these, the causal connection is not direct, but ..... or removing security devices. from this in my opinion it is not correct to spell out a legislative intent to widen the scope of the employer's liability. the substantive provision which prescribes the criterion for the employer's liability for compensation is clause (1) of section 3 of the act. the proviso does not .....
Tag this Judgment!