INDIAN RARE EARTHS LTD Vs. SUBAIDA BEEVI

JUDGEMENT

(1.) The first respondent's husband, Subair Kunju, was a fitter in the employment of the Indian Rare Earths Ltd., Chavara, Quilon -- the appellant in this appeal. At the material time he was residing in Adinad South, Karunagappally -- a place 7 or 8 Kilometres away from the appellant company's office and plant. To board a bus he had to walk 3 kilometres from his place to the bus route Further, the company's office and plant were 2 kilometres away from the nearest bus stop on the bus route. So he was using a bicycle for going to his work place and for returning home therefrom. On 1-4-1977 at 2 P.M., as usual, he started from his residence to his work place on his bicycle for the 4 P.M. shift but he never reached there. At about 2 30 p.m. he was at a place called Pettamukku oh the National High Way on his way to his work place. Then, a car dashed against him and he sustained serious personal injuries He was first removed to the General Hospital, Quilon, and then, therefrom, to the Medical College Hospital, Trivandrum However, his life could not be saved. He died in the small hours of April 2, 1977.

(2.) Is the accident one which has arisen out of and in the course of his employment is the question that is mooted in this appeal.

(3.) In E. S. I. Corporation v. Lakshmi ( 1978 KLT 817 ) dealing with the question of employees meeting with accidents in public places one of us on behalf of another Division Bench of this Court said:-