Legal Question in Workers Comp in India

workmen compensation act
a person who is employed in a snake park was attacked by kingcobra.but he was appointed to takecare of pythons.the person entered the cobra's cage after 7pm.and he is under the influence of drinks.there is a statutory rule thae employees shouldn't enter into cage after 7pm.due to that attack he lost his 4fingers.he claimed compensation underclause 35 of schedule 2 as defined under section2(1)(n)serial no:7,part.2 of schedule 1.the labour comissioner rejects it on the basis of influence of drinks under sec:3(1)(b)(i).the employee filed an appeal under section 30.whether the company is liable to pay compensation?please reply with caselaws.

Asked on 3/21/08, 9:55 am

Vivek Mapara Vivek N. Mapara

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Re: workmen compensation act

If employment rules are violated, then company is not liable, as per proviso to provision of Sec 3(1) of Workmens Compensation Act

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Answered on 3/21/08, 2:18 pm

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Re: workmen compensation act

Yes,but it depends upon the merit of case and evidence addused by the parties.

Answered on 3/21/08, 5:24 pm

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