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2023 Supreme(Ker) 964

C. PRATHEEP KUMAR
United India Insurance Company Limited – Appellant
Versus
Abdul Razaque O. V. Son Of Ahammed Kutty – Respondent


Advocates:
Advocate Appeared:
For the Appellant : John Joseph Vettikad, Sri.C.Joseph Johny
For the Respondent: Shri.Anil Kumar K.P., Sri.V.A.Vinod

JUDGMENT :

1. This appeal has been filed under Section 30 of the Employees Compensation Act 1923, by the second respondent in E.C.C.116/2017 on the file of the Industrial Tribunal and Employees Compensation Commissioner, Kozhikode against the order dated 14.2.2020.

2. The first respondent, who was the applicant before the Employees Compensation Commissioner, was a loading and unloading worker in the tipper lorry bearing registration No.KL-56/6300 owned by the second respondent. On 8.10.2015, while he was employed and engaged as loading and unloading worker and while he was loading coconut tree into the tipper lorry, it fell down on the body of the first respondent and he sustained injuries in the incident. He approached the Employees Compensation Commissioner claiming compensation by filing an application under Section 22 of the above Act. The appellant, namely United India Insurance Co. Ltd., admitted the policy but disputed the liability on the ground that the policy does not cover the risk of loading and unloading worker in the tipper lorry. Rejecting the above contention, the Employees Compensation Commissioner awarded a compensation of Rs.1,04,000/- along with simple interest at

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