GOPALAKRISHNA PILLAI Vs. SATHYAN

JUDGEMENT

(1.) This Appeal is filed challenging the Order, dtd. 20/4/2012 in WCC No.54 of 2002 by the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Kollam. Appellant was the 1st opposite party and Respondents 1 & 2 were the Applicant and 2nd opposite party respectively in the said proceedings. Parties are hereinafter referred to as per their status in the proceedings before the Commissioner.

(2.) Applicant was employed by the 1st opposite party as a mahout to an elephant. On 15/10/2001, while he was engaged in loading a wooden log pulled by the elephant into a Lorry, the log fell from the trunk of the elephant onto the right leg of the Applicant thereby leading to injuries. The Applicant was aged 40 years at the relevant time and was earning a Monthly Wage of Rs.4,500..00 The Applicant preferred an Application under Sec. 22 of the Employees Compensation Act, 1923 (hereinafter referred to as the ("ECA, 1923") claiming Compensation of Rs.1,00,000.00 from the 1st & 2nd opposite parties viz., the Employer and the Insurer respectively.

(3.) The 1st Opposite Party contended that the Applicant was not employed under him and that an accident as alleged had not happened involving his elephant. He contended that the elephant was not engaged in wood logging on the relevant day. The 1st Opposite Party claimed that he was a total stranger to the proceedings and refuted any liability to pay Compensation. He did not however place any contention regarding the claim of indemnification. The 2nd Opposite Party that is, the Insurance Company contended that the risk of the mahout under the policy issued by them covered only injuries inflicted by the elephant and did not apply to any other injury. The injury that is alleged to have occasioned to the Applicant was not an employment injury covered under the policy. It was also contended that the 1st Opposite Party never informed the Insurer about the accident. The 2nd Opposite party also challenged the maintainability of the Application and the amount Of Compensation claimed.