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
