RAVEENDRAN Vs. SOMAVALLY

JUDGEMENT

(1.) APPELLANT was the opposite party in a claim made before a Commissioner for Workmen's Compensation ('commissioner' for short ). An application was filed under Section 22 of the Workmen's Compensation Act, 1923 (for short 'the Act') by the respondents who are the wife, children and mother of the deceased Sadanadan, who died in an accident occurred on December 14, 1990. Deceased Sadanandan was a workman under the appellant. While discharging his duties as tapper, he fell down from a coconut tree and sustained serious injuries resulting in his death on the spot. Deceased was aged 36 years at the time of the accident, and he was earning a monthly income of Rs. 2,700/ -. According to the applicants, the accident arose out of and during the course of his employment, and hence they are entitled to compensation under the relevant provisions of the Act. Appellant did not dispute the occurrence, and also did not dispute the wages drawn by the workman. However, he contended that the coconut tree from which the workman fell down was never entrusted to him for tapping. He tapped the said tree on his own volition. It was further contended that he is not liable for any compensation.

(2.) ON the side of the applicants, the wife of the deceased was examined as A. W. 1. Two other witnesses AWs. 2 and 3 were also examined. Appellant was examined as OPW. l.

(3.) AFTER considering the entire evidence, the Commissioner came to the conclusion that the accident occurred during the course of employment, and that the applicants are entitled to get compensation of Rs. 77,856 from the appellant. Aggrieved by the said finding, he has come up in appeal.