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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Sivan S/o Thankappan – Appellant
Versus
Raju P.V. – Respondent
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. Appellants in this appeal are the Applicants before the Employee’s Compensation Commissioner. They are the parents of Sri. Ambady, who died in an accident on 05.01.2015 while working as a hydraulic lift operator in the quarry belonging to the First Respondent/First Opposite Party. The hydraulic lift belonged to the First Opposite Party and was insured with the Second Respondent/Second Opposite Party - Insurance Company.
2. The Commissioner found that there is an employer – employee relationship between the deceased employee and the First Opposite Party and that Rs.8,61,120/- is the compensation payable for the death of the deceased employee. But the Applicants were non-suited, finding that the Applicants had filed P.L.P. No.4/2015 before the Lok Adalat held on 14.02.2015, conducted by the Muvattupuzha Taluk Legal Services Authority and settled the matter for Rs.10 lakhs as per Ext.X1 and that the Applicants admitted that they have received Rs.10 lakhs from the First Opposite Party in the proceedings conducted before the Lok Adalat. Hence, the Applicants have filed this Appeal challenging the Order of the Commissioner and claiming the compensation fi
Settlement under the Legal Services Authorities Act precludes further claims under the Employees' Compensation Act, emphasizing the doctrine of election of remedies and the need to protect vulnerable....
The court affirmed the necessity of just compensation for the death of a contractual worker, emphasizing adherence to mandatory conciliation procedures and established compensation principles.
Only those who were dependent upon the deceased as per the provisions of the Act were entitled to compensation.
The right to compensation under the Employees Compensation Act vests in dependants immediately upon the employee's death, and can be claimed by legal representatives if the dependant dies before fili....
The court addressed the liability of the insurer under the Employees Compensation Act, emphasizing the need for proof of accident arising out of employment.
Workmen Compensation - Dependent - Essential ingredients are missing in this case and since these claimants do not come under definition of 'dependent' under Section 2.(i)(d) of Act, they cannot be r....
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