Workmen’s Compensation Act, 1923–Secs. 3 & 4A(3)(b)–Applicability of notional employment–Deceased was driver–Death occurred when he went to Yamuna Canal to fetch water and also to have a bath–He slipped into the canal and died–He was driving the the truck of respondent no. 2 from Ambala to Meerut–Cabin of truck was not air conditioned–It would have been a baking oven in the middle of afternoon when the temperature was touching 42.6C–It was a compulsion for him to stay fresh and alert not only to protect the truck from damage but also to ensure a smooth journey and protect his own life by safe driving–Further, the possibility of the truck also requiring water to prevent oveheating cannot be completely ruled out–Act was incidental to the employment by extension of the notional employment theory–Award passed by Commissioner deserves to be restored.
