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2023 Supreme(Ker) 751

C. PRATHEEP KUMAR
National Insurance Co. Ltd. – Appellant
Versus
Appu P. C. S/o Chandran – Respondent


Advocates:
Advocate Appeared:
For the Appellants : P.G. Jayashankar, P.K. Reshma, Revathy P. Manoharan, S. Rajeev.

JUDGMENT :

C. PRATHEEP KUMAR, J.

1. This is an appeal filed under Section 30 of the Employees Compensation Act, 1923 by the second opposite party in E.C.C. No. 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 Section 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. K

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