Point of Law: Section 147 (1) of the MV Act is requirement of policies and limits of liability.

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. KL-12E/0079 and in the incident, he sustained serious injuries. Immediately after the incident, he was taken to Leo hospital, Kalpetta, where he was admitted and treated till he was discharged on 16.11.2012.

3. Originally, the application was filed as E.C.C. No. 132/2015 and as per order dated 28.12.2018, the Industrial Tribunal and Employees Compensation Commissioner, Kozhikode directed the second opposite party to deposit an amount of Rs. 21,621/- along with interest at the rate of 12% w.e.f. 2.11.2012 till deposit and also Rs. 30.668/- towards treatment expenses. Aggrieved by the above order, the second opposite party preferred MFA No. 61/2019 before this Court. As per judgment dated 27.2.2020, another Single Judge of this Court remanded the matter with a direction to reconsider the issue as to whether the Insurance Company would be liable under the provisions of Section 147 of the Motor Vehicles Act.

4. After the remand, the Industrial Tribunal and Employees Compensation Commissioner re-numbered the case as ECC No. 20/2020 and again disposed of the matter as per the impugned order, directing the second opposite party to remit the very same amount as compensation, within 30 days. Aggrieved by the above revised order, the second opposite party, namely, The Branch Manager, National Insurance Company Ltd, Main road, Kalpetta, preferred this appeal under Section 30 of Act 8 of 2023. According to the appellant, the impugned award was passed without considering the specific directions issued by this Court in Annexure-A1 judgment, that the Industrial Tribunal failed to consider the law laid down by the Apex Court in Ramashray Singh vs. New India Assurance Co. Ltd. and Others, 2003 AIR SCW 3601 and that the award was passed without properly understanding the scope and applicability of Section 147 of the MV Act correctly. It was also contended that the applicant was not employed as driver of the vehicle and that the applicant was riding the vehicle not as an employee of the first opposite party. It was also argued that the decision in United India Insurance Company Ltd. Kochi vs. P.R. Surendran and Others, AIR 2015 Kerala 36 relied upon by the Tribunal is per incurium in the light of Ramashray Singh's case (supra).

5. Now the points that arise for consideration are the following:

(i) Whether the benefit of clause (a) of the first proviso to Section 147 (1) of the MV Act is available to an employee who was permitted by the employer himself for attending to the work connected with his employment.

(ii) Whether the decision of the Full Bench of this Court in P.R. Surendran's case (supra) is per incuriam, as urged by the appellant.

6. Heard both sides.

7. This is the second round of litigation between the parties before this Court. The dispute involved in this case cen