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1977 Supreme(Ker) 263

P.SUBRAMONIAN POTI, G.BALAGANGADHARAN NAIR
E. S. I. CORPORATION – Appellant
Versus
FRANCIS DE COSTA – Respondent


Judgment :-

1. The application of the doctrine of notional extension of employment arises for consideration in this case. This is an appeal against the decision of the Industrial Tribunal, Calicut in an application under S, 75 of the Employees State Insurance Act. The applicant before the Employees' Insurance Court, Calicut, which is the first respondent in this appeal, was employed with M/s. J. & P. Coats (P Limited, Koratty, the second respondent in the appeal and he is an insured employee. While proceeding to the factory from his house for reporting for duty on 26 61971, he met with an accident at about 4.15 p.m. The accident took place at about 1 Kilometre to the north of the factory. The applicant was riding a bicycle at that time and he was hit by a lorry belonging to the employer. As a result of the accident his collar bone was fractured and he sustained other injuries. He was under treatment till 6 71971. The worker was totally and permanently incapacitated for work in the factory using bis left upper limb and it was so certified by the Insurance Medical Officer after treatment. This, according to the applicant, is an employment injury and he brought this to the notice of t






















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