Case Note & Summary
The appellants, legal representatives of Swamy, filed an appeal against the dismissal of their compensation claim under the Employee's Compensation Act, 1923. Swamy, a daily wager in a stone quarry, was assaulted by the respondent employer on 26.05.2010, leading to injuries. He was later murdered on 07.08.2010. The Trial Court dismissed the claim, finding that the assault was not an 'accident' under Section 3(1) of the Act, as it was an intentional act. The High Court upheld this, interpreting 'accident' as an unexpected, unintentional event, and held that the subsequent murder had no connection to the employment-related injury. The appeal was dismissed.
Headnote
Employee's Compensation Act, 2023 -- Sections 3, 10, 30 -- Deceased was working in stone quarry as a daily wager under the ownership of respondent-- Assault to deceased by respondent/employer with a piece of fire wood as deceased was absent for two days-- Criminal case registered-- Deceased succumbed to the injuries-- Murder-- Legal heirs of deceased filed a claim for compensation under EC Act, 2023 -- Dismissal of claim petition-- Aggrieved-- Challenged-- Section 3(1) of EC Act referred-- Liability of employee for compensation-- Case of B.E.S.T Undertaking (Supra) referred-- Meaning of "arising out of and in the course of his employment"-- Unless an employee can establish that the injury was caused or had in origin in the employment, he cannot succeed in claim -- Assault cannot be termed as "Accident" within the meaning of Section 3 of EC Act, 2023 -- Death occurred due to injury as a assault etc and for that criminal proceedings already initiated-- Not a case of accident occurred during the course of employment-- Open for the appellant to claim for appropriate remedy-- Appeal Dismissed
Para-- 10, 10.1, 11, 12, 13
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Issue of Consideration: Whether the assault on an employee constitutes an 'accident' under Section 3(1) of the Employee's Compensation Act, 1923 entitling the claimant to compensation
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Final Decision
The High Court dismissed the appeal, upholding the Trial Court's judgment that the assault was not an 'accident' under Section 3(1) of the Employee's Compensation Act, 1923, and thus no compensation was payable
2026 LawText (KAR) (02) 38
Miscellaneous First Appeal No. 3011 of 2018 (WC)
Hon'ble Ms. Justice Tara Vitasta Ganju
Sri B. Pramod (for appellants), Sri Jnanesh Kumar K. (for respondent)
SRI SWAMY S/O RAMEGOWDA SINCE DEAD BY HIS LRS
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Nature of Litigation: Appeal against dismissal of compensation claim under the Employee's Compensation Act, 1923
Remedy Sought
Appellants sought to set aside the Trial Court's judgment and award, and allow their claim petition for compensation
Filing Reason
The deceased employee was assaulted by the employer, leading to injuries, and the Trial Court dismissed the compensation claim
Previous Decisions
Trial Court dismissed the claim in E.C.A No.83/2014, holding the assault was not an 'accident' under Section 3 of the Employee's Compensation Act, 1923
Issues
Whether the assault on the employee constitutes an 'accident' under Section 3(1) of the Employee's Compensation Act, 1923
Whether the injury arose out of and in the course of employment
Submissions/Arguments
Appellants argued the Trial Court wrongly considered the subsequent murder incident and that the assault should be compensable
Respondent argued the injury was not caused during the course of employment and the assault was intentional, not an accident
Ratio Decidendi
For compensation under Section 3(1) of the Employee's Compensation Act, 1923, the injury must result from an 'accident', defined as an unexpected, unintentional incident; intentional acts like assault do not qualify as accidents
Judgment Excerpts
'if personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation' - Para 13
'the meaning of 'accident' in common parlance to be understood as an incident taking place unexpectedly and unintentionally' - Para 14
'any injury suffered by the employee in the course of employment by an intentional or deliberate act cannot be termed as 'accident'' - Para 14
Procedural History
Claim petition filed under Section 10 of the Employee's Compensation Act, 1923 in E.C.A No.83/2014 -- Trial Court dismissed the petition on 22.02.2018 -- Appeal filed under Section 30(1) of the Employee's Compensation Act, 1923 in MFA No.3011 of 2018 -- High Court heard the appeal and delivered judgment on 04.02.2026
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