NATIONAL INSURANCE CO. LTD Vs. APPU P.C

JUDGEMENT

(1.) This is an appeal filed under Sec. 30 of the Employees Compensation Act, 1923 by the second opposite party in E.C.C.20/2020 (old No.132/2015) on the file of the Industrial Tribunal and Employees Compensation Commissioner, Kozhikode.

(2.) E.C.C.No.20/2020 (old No.132/2015) is an application filed under Sec. 22 of the Employees Compensation Act, 1923 (in short, Act 8 of 1923), claiming compensation for the injury sustained to him on 2/11/2012 at Vellaramkunnu near Kalpetta out of and in the course of his employment as helper to the first opposite party in his tailoring business. According to the applicant, he was engaged by the first opposite party to deliver the stitched dress materials and to collect the amounts due to him from various places. For that purpose, the first opposite party had provided a motor cycle bearing registration No.KL-12 G/7763 to the applicant. On 2/11/2012 at about 3 pm, the applicant was proceeding in the said vehicle to Lakkidi, as per the instructions of the first opposite party, to collect some amount due to the opposite party and when he reached Vallaramkunnu, the motor cycle hit against a jeep bearing No.KL-12E/0079 and in the incident, he sustained serious injuries. Immediately after the incident, he was taken to Leo hospital, Kalpetta, where he was admitted and treated till he was discharged on 16/11/2012.

(3.) Originally, the application was filed as E.C.C.132/2015 and as per order dtd. 28/12/2018, the Industrial Tribunal and Employees Compensation Commissioner, Kozhikode directed the second opposite party to deposit an amount of Rs.21,621.00, along with interest at the rate of 12% w.e.f. 2/11/2012 till deposit and also Rs.30.668 towards treatment expenses. Aggrieved by the above order, the second opposite party preferred MFA.61/2019 before this Court. As per judgment dtd. 27/2/2020, another Single Judge of this Court remanded the matter with a direction to reconsider the issue as to whether the Insurance Company would be liable under the provisions of Sec. 147 of the Motor Vehicles Act.