SIVAN Vs. RAJU

JUDGEMENT

(1.) Appellants in this appeal are the Applicants before the Employee's Compensation Commissioner. They are the parents of Sri. Ambady, who died in an accident on 5/1/2015 while working as a hydraulic lift operator in the quarry belonging to the First Respondent/First Opposite Party. The hydraulic lift belonged to the First Opposite Party and was insured with the Second Respondent/Second Opposite Party - Insurance Company.

(2.) The Commissioner found that there is an employer - employee relationship between the deceased employee and the First Opposite Party and that Rs.8,61,120.00 is the compensation payable for the death of the deceased employee. But the Applicants were non-suited, finding that the Applicants had filed P.L.P. No.4/2015 before the Lok Adalat held on 14/2/2015, conducted by the Muvattupuzha Taluk Legal Services Authority and settled the matter for Rs.10.00 lakhs as per Ext.X1 and that the Applicants admitted that they have received Rs.10.00 lakhs from the First Opposite Party in the proceedings conducted before the Lok Adalat. Hence, the Applicants have filed this Appeal challenging the Order of the Commissioner and claiming the compensation fixed by the Commissioner.

(3.) This Appeal was admitted on 3/9/2024 without formulating substantial questions of law. In view of the arguments addressed before me, I formulated the following substantial questions of law in this Appeal: