Out Of

Out of, must mean caused by employment. The phrase 'out of' has an exclusive meaning also. If a man is described to be out of his employment, it means he is without a job. The other meaning of the phrase 'out of' is 'influenced, inspired, or caused by; out of pity; out of respect for him'. (Webster Comprehensive Dictionary International Edition 1984). In the context of s. 2(8), the words 'out of' indicate that the injury must be caused by an accident which had its origin in the employment. A mere road accident, while an employee is on his way to his place of employment cannot be said to have its origin in his employment in the factory, Regional Director Francis De Costa v. Francis De Costa, (1996) 6 SCC 1 AIR 1996 SC 432 (434). [Employees State Insurance Act, 1948, s. 2(8)]