As per the doctrine of ‘added peril’, as applied to the Workmen’s Compensation Act, 1923, a workman cannot hold his employer liable for the risk if at the time of accident the employee
undertakes to do something which the employee is not ordinarily required to do and involves extra danger
remains absent from place where he/she is supposed to work
is under the influence of alcohol on duty
is working on an overtime assignment
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2019
The doctrine of ‘added peril’ under the Workmen’s Compensation Act, 1923 (now Employee’s Compensation Act, 1923) states that if a workman, while performing their duty, introduces a new risk or danger which is not part of their ordinary employment, and an accident occurs due to this added risk, the employer is generally not held liable for compensation. Option A accurately describes this: the employee undertakes something not ordinarily required, involving extra danger. Options B, C, and D might relate to potential defenses or considerations in a compensation claim (like being outside the scope of employment, misconduct, or working hours), but they do not define the doctrine of ‘added peril’.
– The doctrine applies when a workman increases the risk of injury by doing something outside the scope of their normal duties or in a manner not required or expected.
– The added peril must be the direct cause of the accident.
– If the employer authorized or acquiesced in the activity, the doctrine may not apply.