In which of the following cases will an employer be held liable to pay compensation under the Employees’ Compensation Act, 1923?
- 1. Where a personal injury is caused to an employee by an accident arising out of his employment
- 2. Where the injury caused results in total disablement for two days
- 3. Where the personal injury to the employee is caused in the course of his employment
Select the correct answer using the code given below.
1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CISF-AC-EXE – 2024
– Statement 1 describes injury caused by an accident arising *out of* his employment.
– Statement 3 describes injury caused in the course of his employment.
Both ‘arising out of’ and ‘in the course of’ employment are required conditions under Section 3. Thus, statements 1 and 3 together (or representing the components of the requirement) lead to liability (assuming an accident occurred and resulted in the required level of disablement/death).
– Statement 2 mentions injury resulting in total disablement for two days. Section 3(1) contains a proviso that states the employer shall not be liable for compensation in respect of any injury which does not result in the total or partial disablement of the employee for a period exceeding three days. Since two days is less than three days, statement 2 describes a scenario where the employer is *not* liable for temporary disablement compensation.
Therefore, conditions leading to liability are represented by statements 1 and 3 (jointly), while statement 2 represents a case where liability for temporary disablement does not arise.