JUDGMENT

K. RAMASWAMY

(1) THIS appeal, by special leave, arises against the judgment of the Kerala High court in A.S. No. 638 of 1974 dated 25/11/1977. The respondent was an employee in M/s J & P Coats (P) Ltd. at Koratty. He had to attend the duty in the second shift at 4.30 p.m. On 26/06/1971 while he was going on his bicycle to join duty, on the road leading to the factory at a distance of I kilometre the companys lorry hit him at 4.15 p.m. on left side of his body and knocked him down on the road. As a result his left collar bone and left shoulder were fractured and ultimately the Insurance Medical Officer certified that the respondent was totally and permanently incapacitated to work in the factory. He, therefore, laid the claim before the E.S.I. court under Section 75 of the Employees State Insurance Act, Act No. 34 of 1948 for short the Act which found that the respondent was going on the usual route along which he passes and repasses every day to and from the factory. The cycle was purchased by him from the advance given by the employer. He was not negligent in riding the cycle. The injuries were caused to him in an accident while in the course of his e