Hari and Vishnu, employees in Kashinath Stone Crushing Factory, were engaged in loading a consignment to a truck. While doing the work, Vishnu sustained injuries due to the negligence of Hari. Vishnu claimed compensation

The objective of Employees Compensation Act, 1923 is to protect workman and their dependents from being deprived of economic security on account of accidents sustained by them arising out of employment and in the course of employment. Section 3 of the Employees Compensation Act, 1923 provides that if personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions as prescribed under this Act. The expression "in the course of employment" suggests the period of employment and the place of work. In other words, the workman, at the time of accident must have been employed in the performance of his duties and the accident took place at or about the place where he was performing his duties. In a workplace, where the job is done by two or more employees then there is all the likelihood that one of the employees may sustain injury on account of the negligence of the other co- employee. In the given case, instead of instituting a case against Hari, it is the liability of the employer to pay compensation as per Employees Compensation Act, 1923.