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1972 (11) TMI 81 - BOMBAY HIGH COURTIt was held that a person could be said to be in the course of his employment only if he was under an obligation, expressed or implied to his employer to do something reasonably incidental thereto. The test in all such cases is whether the employee was exposed to the particular risk by reason of his employment or whether he took the same risks as those incurred by any member of the public using the road. In view of the clear finding of the court that the insured employee was assaulted by the coolie and the cause of the assault was due to an earlier incident of reprimanding him, it was held that the assault that had resulted in an injury to the insured employee arose out of his employment. It was also further held that the injury was sustained by the insured employee during the course of his employment not only when the injury was caused to him while doing something which an employee was under an obligation express or implied to do but also when he was doing something reasonably incidental thereto
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