All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

Practice Mode:
94.

A is a workman who works at a welding workshop in a factory. A has a history of previous eyes disorders. Despite being aware of the same. A continues to work at the welding workshop. The very nature of work caused further strain on A's eyes and resulted in a permanent injury to A's eyes one day. Is A entitled to compensation and why ?


Principle :

An employer is liable to pay compensation if personal injury is caused to a workman by accident arising out of and in the course of employment. The term 'accident' has come to acquire a settled meaning through case law; it means some unexpected event happening without design even though there may be negligence on the part of the workman.

A: A is entitled to compensation from A's employer because A suffered an injury in the course of employment and the question of A's negligence is not relevant.
B: A is entitled to compensation from A's employer but the quantum of compensation will be nominal due to A's contributory negligence.
C: A is not entitled to compensation from A's employer because A suffering an injury to the eyes was perfectly expected due to A's previous eye disorders.
D: A is not entitled to compensation from A's employer because A suffered the injury to the eyes due to previous eye disorders and not because of A's employment.
E: A is not entitled to compensation from A's employer because A did not bring the previous eye disorders to the employer's notice, who could have then given him non-hazardous work.

The answer is: A

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