Doctrine of Added Peril

-

 “Doctrine of Added Peril” 

Doctrine of Added Peril – Labour Law Notes

1. Introduction

The Doctrine of Added Peril serves as a legal defense for employers against liability for compensation under laws like:

  • Employees' Compensation Act, 1923
  • Employees’ State Insurance Act, 1948

It applies when a worker voluntarily undertakes a task outside their scope of duty, exposing themselves to additional and unnecessary risks, thereby excluding the employer from liability.

2. Definition

Added Peril refers to a situation where:

  • The employee acts beyond assigned duties.
  • The action involves a significantly higher risk than what is inherent in the employment.
  • Injury arises not due to employment but due to personal volition.

In such cases, the employer is not liable for the injury caused.

3. Legal Basis

Under Indian labour law:

  • Liability exists only when injury arises "out of and in the course of employment".
  • If an employee voluntarily creates a new risk or ignores safety rules, the employer may escape liability.

4. Scope and Limitations

  • Employers must still maintain a safe workplace and train workers properly.
  • But liability ends when the worker:
    • Takes unauthorised action,
    • Engages in reckless behaviour,
    • Performs acts beyond job responsibilities.

5. Case Law Interpretations

Devidayal Ralyaram v. Secretary of State

  • Employee injured while retrieving scrap under a machine—not part of duties.
  • Held: Employer not liable.

Lancashire and Yorkshire Railway Co. v. Highley

  • Employee took shortcut across train tracks—not required by job.
  • Held: Personal choice → employer not liable.

Tamil Nadu Civil Supplies Corp. Ltd. v. S. Poomalai

  • Court clarified: Injury must arise from employment, not from personal disregard of duties.

R.B. Moondra & Co. v. Mrs. Bhanwari

  • Worker used petrol for cleaning—within scope of work.
  • Held: Employer liable; doctrine not applicable.

6. Implications

  • Protects employers from injuries arising out of unauthorised risk-taking.
  • Deters employees from unsafe actions.
  • Promotes responsible behaviour at workplaces.

7. Conclusion

The Doctrine of Added Peril creates a just balance between employer liability and employee responsibility. While employees are protected for legitimate workplace injuries, reckless or unauthorized conduct does not attract compensation.

🔖 Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.


🔖 About Study on Law Hills

By Chandan Sha
One-stop blog for law notes, moot memorials & legal updates

Study on Law Hills is a legal blog that simplifies Indian law for students and professionals. From Constitution to Criminal Law, it offers:

  • 📚 Law notes for exams
  • ⚖️ Moot court memorials (Petitioner & Respondent)
  • 🧾 Case commentaries & updates
  • 📲 Legal reels & lectures via Instagram & YouTube

🔗 Blog: studyonlawhills.blogspot.com
📸 Instagram: @slawh2023
📧 Email: csstarmoon1000@gmail.com
🔗 LinkedIn: Chandan Sha




Comments

Post a Comment

Popular posts from this blog

Analyzing the Role of Community Participation in Water Conservation and Pollution Control in Rural West Bengal: A Case Study of the Darjeeling District

-
Image
  Topic: Analyzing the Role of Community Participation in Water Conservation and Pollution Control in Rural West Bengal: A Case Study of the Darjeeling District  Author ~ Chandan sha   I. INTRODUCTION Water is a crucial natural resource, especially in ecologically sensitive areas like the Darjeeling district of West Bengal. The increasing challenges of water pollution, depletion of clean water sources, and climate change have exacerbated the need for sustainable water management. Rural areas, where government infrastructure is often limited, rely significantly on local communities for maintaining water quality and ensuring sustainable usage. This research explores the impact of community involvement in water conservation and pollution control efforts in Darjeeling. Through a blend of doctrinal and empirical analysis, this study focuses on legal provisions, local initiatives, and administrative participation to understand the current status and scope of improvement. The ac...
Read more

“Law in My Mind, Justice in My Hand"

-
“ Law in My Mind, Justice in My Hand” In Labour Law, I see the fight, For equal pay and worker’s right. No child at work, no unjust strain, The law steps in to stop the pain. The Constitution, bold and grand, Gives rights to all across the land. From speech to vote, from faith to life, It calms the storms, it ends the strife. Environment Law, a growing plea, To save the sky, the land, the sea. No trees to cut, no waste to spill, Protect the Earth—we always will. A student now, I read and write, To stand for truth, to stand for right. In every case and every clause, I walk the path of noble laws. AUTHOR ~ CHANDAN SHA BBA LLB  🔖  Blog by Chandan Sha  | For more legal insights, stay tuned to  Study on Law Hills .
Read more

Public Trust Doctrine: Protecting Natural Resources for All

-
Image
Public Trust Doctrine: Protecting Natural Resources for All Author: Chandan Sha  Introduction The Public Trust Doctrine is a legal principle that says certain natural resources like air, water, forests, and seas are so important to all of us that the government must protect them for the benefit of the public. These resources are not owned by anyone privately but are held by the State in trust for future generations . This principle ensures that natural resources are not over-exploited or sold off for private profits at the cost of public interest. Origin of the Doctrine The doctrine started in Roman law , where it was said that things like air, sea, and running water are common to all mankind. It was further developed in English common law and adopted in many countries, including India. In India, the doctrine became a part of environmental jurisprudence through a landmark judgment by the Supreme Court in the 1990s. Article 48A added to Constitution of India through ...
Read more