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2009 Supreme(Ker) 194

R.BASANT, C.T.RAVIKUMAR
Alagadurai – Appellant
Versus
Immanuel Nasa Justin – Respondent


Advocates Appeared:
For the Appellant:Mathew Skaria, Joy Joseph, Advocates. For the Respondents:P. Jayasankar, V. Rajendran, Santhosh Ninan, Advocates.

Judgment :-

Basant, J.

(i) Does `Act only policy under Section 147 of the Motor Vehicles Act, 1988 (for short `the Act) cover the liability under the Workmens Compensation Act, 1923 (for short `the W.C. Act) of the owner of a goods carriage in respect of a driver employed by him who was not engaged in driving the vehicle; but was carried in the vehicle in connection with his employment at the time of the accident?

(ii) Can injuries falling under any one of the Entries in Part II of Schedule 1 of the W.C. Act ever be reckoned as total disablement under Section 2(1) (1) and 4(1)(b) of the W.C. Act? These are the two questions of law arising for consideration in this appeal.

2. To the crucially relevant and vital facts first. There is no serious dispute on facts. The claimant before the Tribunal is the appellant before us. He was one of the two drivers employed alternatively by the owner of the vehicle to drive the vehicle. That vehicle is admittedly a goods carriage and is covered by a valid policy of insurance. On 6-7-1997, the appellant was engaged in driving the vehicle. He was to complete his schedule of work and get out of the vehicle on that day. The other driver of the vehicle



















































































































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