Ahmedabad: Gujarat High Court has upheld compensation for death of a youth who was killed while resisting a burglary in his company’s premises. The company, however, was opposed to paying compensation alleging that the employee was killed during a liquor-fuelled altercation.
In 2017, the labour court awarded compensation of Rs 8.5 lakh and ordered the company to pay it to Nishant’s parents with 12% interest from 2011. The police probe revealed that a liquor bottle was found at the spot of murder, and FSL confirmed the presence of ethyl alcohol.
Patel’s parents opposed company’s claim by asserting that the death occurred due to an accident “arising out of and in the course of employment”, which is within the meaning of Section 3(1) of the Act, despite the incident being a homicide. The company appealed against the compensation order before HC and argued that Patel’s death was a murder simpliciter. The company argued that Patel was murdered during a fight while he was drinking with the accused persons.