BEENA P.K. Vs. SUNILKUMAR L.K.

JUDGEMENT

(1.) Aggrieved by the inadequacy of compensation awarded by the Employees' Compensation Commissioner, the wife, daughter and mother of deceased Subin, who succumbed to the injuries caused due to the accident occurred on 29/8/2011 during the course of his employment, have approached this Court with this appeal.

(2.) The abovesaid Subin who was employed by the first respondent as Cleaner in his Lorry, lost his life in the accident occurred at about 12:00 p.m on 29/8/2011 when the lorry in which he was travelling along with the driver, in the driver's cabin, rammed against another lorry running in front of it. Before the Employees' Compensation Commissioner, the appellants claimed an amount of Rs.12,00,000.00 as compensation from the respondent. The 1st respondent admitted the employer-employee relationship as well as the accident in which the predecessor-in-interest of the appellants lost his life during the course of his employment. However, it was stated that since the vehicle was validly insured with the 2nd respondent, the compensation, if any, liable to be paid by the 1st respondent, has to be indemnified by the 2nd respondent. The 2nd respondent admitted the insurance policy but denied the employer-employee relationship between the 1st respondent and the deceased. The learned Employees' Compensation Commissioner framed four issues, and proceeded with the trial in which the 1st appellant was examined as AW1 and Exts.A1 to A5 were marked as documents from the part of the claimants. The respondents did not adduce any evidence. After an evaluation of the above evidence, the learned Employees' Compensation Commissioner awarded an amount of Rs.8,39,680.00 with interest @ 12% per annum as compensation and Rs.5,000.00 as funeral expenses. The above order of the learned Employees' Compensation Commissioner is under challenge in this appeal filed by the claimants therein.

(3.) As per order dtd. 25/10/2019, the 1st respondent was deleted from the array of respondents.