The New India Assurance Company … vs Kumaran on 26 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 94 of 2005()


1. THE NEW INDIA ASSURANCE COMPANY LTD.,
                      ...  Petitioner

                        Vs



1. KUMARAN, S/O.KANNAN,
                       ...       Respondent

2. NAJEERA AHMED, M/S.SIRAJ TIMBERS,

3. RAFEEQ AHAMED,

4. HAMSA, DRIVER, M/S.SIRAJ TIMBERS,

                For Petitioner  :SRI.P.R.RAMACHANDRA MENON

                For Respondent  :DR.K.B.MUHAMED KUTTY (SR.)

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :26/08/2008

 O R D E R
                     M.N. KRISHNAN, J.
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                   M.F.A. NO. 94 OF 2005
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        Dated this the 26th day of August, 2008.

                      J U D G M E N T

This appeal is preferred against the award of the

Workmen’s Compensation Commissioner, Kannur in

W.C.C.1/00. The claimant, according to the petition filed by

him, was a workman employed as a loading worker under

the opposite party II namely owner of the vehicle involved in

the accident and therefore he filed the application as an

employment injury and claimed compensation from the

insurance company but when examined as the witness he

would categorically assert that he was working under the

first opposite party who was an independent contractor and

who has nothing to do with the lorry. In spite of the same

the Tribunal granted an order and directed the insurance

company to pay the amount. Therefore the whole approach

of the Court below is erroneous which is liable to be set

aside. I do not want to elaborate further for the reason that

let the matter be reconsidered again by the Compensation

MFA 94 OF 2005
-:2:-

Commissioner after hearing all concerned and the

entitlement. Therefore the order under challenge is set aside

and the matter is remitted back and the Compensation

Commissioner is directed to give an opportunity to all parties

to produce documentary as well as oral evidence and then

dispose of the matter in accordance with law. It is further

made clear that the amount deposited will lie in deposit till a

final decision is taken in the matter. The Compensation

Commissioner shall issue notice to the parties fixing the date

of hearing.

The appeal is disposed of as above.

M.N. KRISHNAN, JUDGE.

ul/-