question_answer

Direction: Question numbers 1-35 consists of legal proposition(s)/ principle(s) (hereinafter referred to s 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in wiring these questions, you must not rely on any principle except the principles those are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law. Therefore, to were a question, principle is to be applied to the given facts and to choose the most appropriate option.

Principle: Under the Employees Compensation Act, 1923, an employer is liable to pay compensation to his workmen for injuries sustained by them by an accident arising out of and in the course of employment.

Facts: M, the Manager of SRK Industries asked his secretary S to submit a report at the Government Labor Office. 'S' submitted the report as directed. On his way back S met one of his class mates. He then decided to have a cup of tea together on a way side restaurant. Sometime later, 'S' got a message from his office to report back as it was long time since he left the office. 'S' rushed back on his Motor Cycle. On his way back a Truck which was coming from a side road hit 'S'. He was admitted in a nearby hospital with multiple injuries.

He claims compensation under the Employees Compensation Act from his employer.

A) The employer is not liable as the truck driver was negligent.

B) The employer is liable as S had to rush back to the office, because of the message from the office.

C) The employer is liable to pay compensation as the accident took place arising out of and in the course of employment.

D) The employer is not liable as he was admitted in a private hospital and not a government hospital.