LAWS(KER)-2007-10-67

MANAGER CHULIKA ESTATE Vs. KUNJUMOHANNED

Decided On October 10, 2007
MANAGER CHULIKA ESTATE Appellant
V/S
KUNJUMOHANNED Respondents

JUDGEMENT

(1.) Order dated 19-9-2001 of the Commissioner for Workmen's Compensation Kannur in W.C.C. No. 241/1998 is under challenge. The 1st opposite party is the appellant herein.

(2.) By the said order, the Commissioner allowed the application for compensation submitted by the 1st respondent directing the appellant to deposit an amount of Rs. 20,780/- within 30 days from date of receipt of the judgment of the Commissioner failing which revenue recover proceedings will be initiated to realise the said amount with 12% interest from the date of default. The 1st respondent/appellant was a workman under the appellant/1st opposite party. During his employment the 1st respondent sustained personal injuries. According to the 1st respondent during the course of his employment he met with an accident and his right hand little finger got injured and amputed. The fact that the 1st respondent sustained injuries on 9-12-1997 during the course of his employment is admitted by the appellant. The appellant contended that workers including the 1st respondent are covered by valid workmen's compensation policy under the 2nd respondent insurance company. The 2nd respondent denied the accident, age occupation and monthly income of the 1st respondent as well as the insurance coverage of the estate employees.

(3.) Before the Commissioner for Workmen's Compensation the 1st respondent was examined as AW1 and marked A1 to A4 series on his side. No oral or documentary evidence was adduced on the side of the opposite parties. After examining the oral evidence and the materials on record, the Commissioner found that the 1st respondent is entitled to compensation. The Commissioner also noticed the fact that in spite of providing sufficient opportunities the appellant failed to produce the insurance policy certificate. Accordingly the Commissioner directed the appellant to deposit the entire compensation amount.