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1965 Supreme(Mad) 248

P.S.KAILASAM
State of Madras represented by the Govt. Transport, Madras – Appellant
Versus
Employees, State Insurance Corporation through The Insurance Inspector E. S. I. C. , Madras – Respondent


Advocates:
S. T. Ramalingam, for Govt. Pleader, for Appellant; S. Kothandarama Nayanar for Respondent.

ORDER :- This is an appeal by the State of Madras represented by the Government Transport through its Director against the order of the First Assistant Judge, City Civil Court, Madras holding that the appellant is liable to pay the respondent, Employees State Insurance Corporation, a sum of Rs. 1527 and such further amounts as may be admissible in accordance with the provisions of the Employees State Insurance Act.

2. One K. P. Rajagopalan is employed in the Enfield India Ltd., Tiruvottiyur. He was proceeding from his house in Madras to his place of work, Tiruvottiyur, on the morning of 16th June 1959. At about 7-25 a.m. the bus No. 1008 belonging to the appellant hit K. P. Rajagopalan and caused him injuries. It was found that Rajagopalan received injuries due to rash and negligent driving of the driver of the said transport bus, and that finding is not questioned before me. It was also found that Rajagopalan was on his way to the factory, and the accident took place while on his way to work and it was an injury arising in the course of his employment.

3. Rajagopalan was examined by the Medical Board, and it was found that he had a fracture in the right leg. He was in the hospital

















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