V.T.SURESH KUMAR Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) A very acme issue - appearing to be res nova - has been impelled by the appellant for forensic adjudication and answer by this Court; namely, if an employee is entitled to claim reimbursement of medical expenses for injuries caused in an accident during the course of his employment, even if such accident occurred before 18.01.2010, being the date on which Sub Section 2-A of Section 4 of the Employees Compensation Act, 1923 - which provides for such reimbursement - had been brought into the said Act.

(2.) The appellant, who is stated to have been working in the services of the Kerala State Road Transport Corporation (KSRTC for short), says that he suffered an accident on 09/01/2010, while he was driving one of their buses, bearing registration No.KL-15-6882 attached to the Kilimanoor depot; and that he was thus grievously injured, constraining him to eventually resign from their services.

(3.) The appellant submits that in the endeavour to avoid a direct collusion with a car travelling from the opposite direction - which was driven recklessly and seen overtaking a lorry carelessly - he had to swerve the bus to the left side, causing it to smash into a tree on the road margin, thus causing him very serious injuries.