Point of Law: General principles of trial mandate Commissioner to answer all issues, once a full fledged enquiry on all issues is held.

JUDGMENT :

P.G.Ajithkumar, J.

This is an appeal under Section 30 of the Employees Compensation Act, 1923. The appellants assail the order of Employees Compensation Commissioner (Industrial Tribunal), Thissur in E.C.C No.405 of 2016 (WCC No.196 of 2007).

2. The appellants are the widow and daughter of Sri.Vasu who died on 01.02.2006 following an accident. He was driving taxi car bearing Registration No.KEH 9783 along the Swaraj Round, Thrissur on the said date. At about 12.15 p.m he felt chest pain and collapsed resulting in the car dashing against an electric post. He was rushed to the Aswini hospital, Thissur, but he succumbed to the injuries. The doctor who examined him informed that Sri.Vasu died due to heart attack. The appellants filed a claim petition before the Employees Compensation Commissioner under the Employees Compensation Act claiming compensation from the 1st respondent, who is the owner of the vehicle and the 2nd respondent, the insurer. The 1st respondent did not chose to contest the matter. The 2nd respondent resisted the claim on several grounds. It was admitted that the vehicle was insured. But it was contended that the 1st respondent was not the owner having transferred the vehicle in favour of Sri.Vasu as early as on 17.03.2004. The further contention of the 2nd respondent was that the death was due to heart attack and not on account of an accident arising out of and in the course of the employment.

3. The appellants tendered oral evidence and documentary evidence. AWs 1 and 2 were examined and Exts. A1 to A5 were produced. The 2nd respondent produced Ext.M1, which is the insurance policy in relation to the vehicle involved in the incident. The learned Commissioner raised following issues;

1. Whether there was any employer-employee relationship between the first opposite party and the deceased?

2. If the first issue is found in favour of the applicants, whether there was any 'causal connection between the death of the deceased and his employment?

3. Whether the opposite parties are liable to pay compensation, interest and funeral expense to the applicants?

4. If found liable what is the amount of compensation, percentage of interest, funeral expense liable to be paid by the opposite parties to the applicants?

5. Orders as to costs?

4. After considering issues 1 to 3 together, the learned Commissioner answered that the appellant failed to discharge their initial burden that the death of Sri.Vasu was the result of an accident and in the course of his employment. In the light of that finding, other issues were not answered and the application was dismissed.

5. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the 2nd respondent. The 1st respondent did not chose to appear before this Court.

6. In the impugned order, the definite findings are that the deceased Sri.Vasu was an employee of the 1st respondent and while driving car bearing Registration No.KEH 9783 he met with the accident on 01.02.2006. On the basis of the evidence tendered by AW1 and from the fact that the registration certificate of the vehicle stands in the name of the 1st respondent, the learned Commissioner had arrived at such a finding. Ext.A2 is a copy of the registration certificate. I am of the view that there is nothing in evidence to take a different view. What remains is whether or not the finding that the death of Sri.Vasu was not on account of the accident arising out of and in the course of his employment is correct.

7. AW2 is a witness to the incident. He stated that Sri.Vasu was exhausted since he had to replace a tyre of his car on the morning of the fateful day and that resulted in his falling ill and the car driven by him dashing against an electric post on the road side. The 2nd respondent has no contest also about the accident. Therefore it stands proved that while Sri.Vasu was driving car bearing Registration No.KEH 9783, he was involved in an accident at around 12.15 p.m on 01.02.2006 and when