Sen, J. - (1.) Francis De Costa, the first respondent herein, met with an accident on June 26, 1971 while he was on his way to his place of employment, a factory at Koratty. The accident occurred at a place which was about one kilometer away to the north of the factory. The time of occurrence was 4-15 p.m. It has been stated that the duty- shift of the respondent would have commenced at 4-30 p.m. The respondent was going to his place of work on bicycle. He was hit by a lorry belonging to his employers, M/s. J and P Coats (P) Ltd.
(2.) The respondents collar-bone was fractured as a result of the accident and he had to remain in hospital for 12 days. His claim for disablement benefit was allowed by the Employees State Insurance Court. The appeal filed against that order was dismissed by the Kerala High Court which also dismissed an application for a certificate of fitness to appeal to the Supreme Court. The petitioner filed an application for Special Leave to appeal to this Court on 16-4-1979. Special leave was given by this Court, but the Employees" State Insurance Corporation was directed to pay the first respondent the compensation due to him in terms of the order of the Employees State Insurance Court and also the costs of this appeal in any event. It has been stated that the compensation money has already been paid to the first respondent.
(3.) Since there was difference of opinion between the two Judges who heard the appeal, the matter was directed to be placed before a larger Bench for deciding the controversy.;