DOCTORINE OF ADDED PERIL

CHANAKYA NATIONAL LAW UNIVERSITY,

NAYAYA NAGAR, MITHAPUR, PATNA-800001
A ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF THE COURSE

EVIDENCE LAW, 4thSEMESTER during the Academic Year 2018-2019

SUBMITTED BY: AMIT DIPANAKAR
Roll No. – 181609
B.B.A LL.B

SUBMITTED TO: Pallavi Shankar Ma’am

FACULTY OF LABOUR LAW

JANUARY, 2019
CHANAKYA NATIONAL LAW UNIVERSITY,
NAYAYA NAGAR, MITHAPUR,
PATNA-800001
INTRODUCTION:
This doctrine is contrary to the doctrine of notion extension. While the doctrine of notional
extension benefits to the employee, the doctrine of added peril is for the benefit to the employer.
It contemplates that if a workman while doing his masters work undertakes to do something
which he is not ordinarily called upon to do and which involves extra danger he cannot hold his
master liable for the risk arising there from. The doctrine of added peril is dis-entitled an injured
worker from compensation on the ground that he had taken a greater risk than he had been
required by his employer to assume. Therefore, where the injury is not caused to workman by an
accident arising out of and in the course of employment, he/she is not entitled to get any benefit
or compensation under the Employee‘s State Insurance Act, 1948 and the Workmen‘s
Compensation Act, 1923.
In the era of welfare legislations, the ECA is one of the first insurance legislations. The main
object of this legislation is to ensure that in cases of accidents arising out of or in the course of
employment, the employee is given some recourse in the form of compensation by the employer
The functioning and application of this act is regulated by the commissioner appointed under it.
Scope:-
• The act applies to the whole of India except Jammu and Kashmir
• It applies to cases even where the employer is not at fault, provided that the employee is also
not at fault
• It does not apply to all employees. Only to those mentioned in the Act.
• Even a dependent can claim compensation under the Act.

Objective of the Study :

The researcher has undertaken this research to find out the offences and provisions of offences
affecting the administration of justice in details.

Hypothesis :
Before doing the research work, the researcher had certain hypothesis which were to be tested
during research. The hypothesis is following-
1. Social justice theorists consider tort law as a device for correcting imbalances in political
powers. In a corrupt society as India's, ruling political parties take advantage of their
power and get all the necessary provisions for an enterprise like Carbide which would
 readily fund their party in return. As a result these interests of parties pursue self-interest
at the expense of public by producing dangerous products and hiding critical information
about their dangerousness.
2. Life cannot be valued. Similarly no human being can put any monetary value of his limb
or of any other human being. How does one assess the value of the loss of all faculties
when some victim of an accident loses his mental faculties and lives in vegetative state.
The courts can only grant compensation for the pecuniary and monetary loss caused and
some other expenses, but no court can even attempt to grant compensation for loss of life
or limb. Mainly pecuniary loss has to be assessed. Nominal damages for funeral
expenses, loss of consortium and conventional damages. Long expectation of life is
connected with earning capacity. In its very nature whenever a Tribunal or a Court is
required to fix the amount of compensation in cases of accident, it involves some guess
work, some hypothetical consideration, some amount of sympathy linked with the nature
of the disability caused.

Research Methodology :
The researcher would like to follow doctrinal method for this research. The researcher will
gather data from both the primary and secondary sources.

Sources of Data :
The researcher has relied on the following secondary sources of data:
Books
Websites
Articles

Scope of the Study:

The researcher has used the doctrinal method and has relied on the secondary sources for the
content of the research paper.
Owing to the large number of topics that could be included in the project, the scope of this
research paper is exceedingly vast. However in the interest of brevity, this paper has been limited
to the topics which deal with social aspect of the topic only.
 Tentative Chapterisation
1. Introduction
2. Historical background
3. ..............................
4. Case laws
5. ..................................
6. Conclusion
7. Suggestions
8. Bibliography