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As per the doctrine of 'added peril', as applied to the Workmen's Compensation Act, 1923, a workman cannot hold his employer liable for the risk if at the time of accident the employee
Explanation
The Doctrine of Added Peril is a legal principle used to determine employer liability under the Workmen's Compensation Act, 1923 (now the Employee's Compensation Act). It states that if a workman, while performing his duties, voluntarily takes an unnecessary risk or performs an act that is not part of his job and involves extra danger, the employer is not liable for any resulting injury. In such cases, the workman has "added" a peril to the employment that was not inherent to the work itself.
While Option C (influence of alcohol) is indeed a statutory ground for denying compensation under Section 3(1)(b) of the Act, it is a specific legislative exception rather than the judicial "Doctrine of Added Peril." The doctrine specifically addresses the scope of employment and the assumption of unauthorized risks.
SIMILAR QUESTIONS
Which of the following is/are the condition(s) precedent to valid retrenchment of a workman under the Industrial Disputes Act, 1947 ?
1. The workman has been given one month's notice in writing indicating the reasons for retrenchment
2. The workman has been paid at the time of retrenchment compensation which shall be equivalent to fifteen days' average wages for every completed year of continuous service
3. The workman has been paid, at the time of retrenchment, compensation which shall be equivalent to wages of thirty days service
Select the correct answer using the code given below :
The Workmen's Compensation Act has been amended and renamed as
When is the employer not liable for payment of compensation to an employee ?