With a view to improve the working conditions of the workforce in industries some social insurance legislations had been enacted one of which being the Workmen Compensation Act, 1923.1 The object of the Act was to make provision for the payment of compensation by certain class of employers to their employees for injury by accident. The general principle underlined in ECA to compensate that workman who has suffered or sustained an injury during his course of employment so that he is able to meet expenses for treatment and livelihood. Prior to the enactment the position was that, if an employee was injured he was compensated according to the terms of the employer. An employee could recover damages only when the same injury or death could be attributed to the negligence of the employer.2 And if the risk was known to the employee it was he who was held liable for the accident. Hence, this led to the enactment of t ....