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2007 Supreme(AP) 524

THOTTATHIL B.RADHAKRISHNAN, M.N.KRISHNAN, K.S.RADHAKRISHNAN
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
JOSEPH – Respondent


Advocates Appeared: ALEXY AUGUSTINE, B.JAYASANKER, George Cheriyan, P.K.SAJEEV

K. S. RADHAKRISHNAN, J.

( 1 ) THE question that is referred to the Full bench for consideration is how far the notional extension theory could be applied so as to make the insurance company liable to compensate the victim arising out of the use of the motor vehicle even if it is established that the accident occurred during the course of his employment?

( 2 ) THE respondent No. 1 filed an application under section 22 of the Workmen's compensation Act, 1923 claiming compensation for the personal injuries sustained by him during the course of his employment. The respondent No. 1 was employed by the respondent No. 2 as driver of a Tempo van bearing registration No. KRU 2129. On 15. 5. 1999 respondent No. 1 was driving tempo van from Sakthan Thampuran Market to pattambi and at about 6. 15 p. m. when he reached Pattambi he got down from tempo van for unloading the goods, while so a dog bit on the left hand and while attempting to escape from further dog bite he fell down and sustained the following injuries, viz. , fracture second metacarpal shaft (left) and injuries on other parts of the body. He was admitted to the Jubilee mission Hospital, Thrissur. Later he was examined by Assistan











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