All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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99.

A is a workman who works at a furnace in factory. A has a history of previous eye disorders, but despite knowing that, continues to work at the furnace, which results in A completely losing eyesight. Which of the following options is the most accurate application of the principle set out below ?


Principle:

Once it is found that the work, which a workman has been doing, is to be within the scope of the workman's employment, the question of negligence, great or small, on the workman's part is irrelevant in establishing employer's liability under the Workmen's Compensation Act, 1923

A: Regardless of whether it is proven that A was aware that working at a furnace would affect his eyesight, the employer will be liable to compensate A.
B: Since A had a previous history of eye disorders, A is guilty contributory negligence and employer will not of the be liable to compensate A.
C: Unless it is proven that A was aware that working at a furnace would affect his eyesight, A could not be said to have suffered from an injury arising out of an accident and the employer will not be liable to compensate A.
D: Unless it is proven that A was aware that working at a furnace would affect his eyesight A could not be said to have suffered from an injury arising out of an accident and the employer's liability to compensate A would be reduced to the extent of A's contributory negligence.
E: The employer is entitled to sue A for withholding a material medical fact that could prejudice his well being while working at the furnace.

The answer is: A

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Explanation

The correct option is A: Regardless of whether it is proven that A was aware that working at a furnace would affect his eyesight, the employer will be liable to compensate A.

Here is the explanation:

  • According to the principle, the employer's liability under the Workmen's Compensation Act, 1923 depends on whether the workman's injury arose out of an accident in the course of his employment, not on whether the workman was negligent or not.
  • In this case, A's loss of eyesight was caused by working at a furnace, which was within the scope of his employment. Therefore, it was an injury arising out of an accident in the course of his employment.
  • The fact that A had a previous history of eye disorders or that he knew the risk of working at a furnace does not affect the employer's liability. The principle states that the question of negligence, great or small, on the workman's part is irrelevant in establishing employer's liability.
  • Therefore, the employer will be liable to compensate A regardless of whether it is proven that A was aware that working at a furnace would affect his eyesight. Option A is the most accurate application of the principle.