- (1.) This appeal, by special leave, arises against the judgment of the Kerala High court in A. S. No. 638 of 1974 dated 25/11/1977. The respondent was an employee in M/s J and P Coats (P) Ltd. at Koratty. He had to attend the duty in the second shift at 4.30 p. m. On 26/06/1971 while he was going on his bicycle to join duty, on the road leading to the factory at a distance of I kilometre the company's lorry hit him at 4.15 p. m. on left side of his body and knocked him down on the road. As a result his left collar bone and left shoulder were fractured and ultimately the Insurance Medical Officer certified that the respondent was totally and permanently incapacitated to work in the factory. He, therefore, laid the claim before the E. S. I. court under Section 75 of the Employees' State Insurance Act, Act No. 34 of 1948 for short 'the Act' which found that the respondent was going on the usual route along which he passes and repasses every day to and from the factory. The cycle was purchased by him from the advance given by the employer. He was not negligent in riding the cycle. The injuries were caused to him in an accident while in the course of his employment and that, therefore, he is entitled to the benefits under the Act. On appeal the High court confirmed these findings.
(2.) Section 2 (8 of the Act defines employment injury thus: "Employment injury' means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India. "
(3.) A reading thereof would show that a personal injury caused to an employee by an accident or occupational disease arising out of and in the course of his insurable employment whether the accident occurred within or outside the territorial limits of India is an employment injury. The crucial but ticklish question of considerable importance is whether the injury caused by an accident on a public road, while on his way to join the duty just 15 minutes before reporting to duty at a distance of I Kilometre from the factory premises, arises out of and in the course of his employment;