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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU
ICICI Lombard General Insurance Co. Ltd., Represented By Its Legal Manager – Appellant
Versus
Saiju, S/o. Gopinathan – Respondent
| Table of Content |
|---|
| 1. factual background of the accident. (Para 2 , 3 , 4) |
| 2. dispute over employer-employee relationship. (Para 5 , 10) |
| 3. commissioner's findings on compensation. (Para 6 , 8) |
| 4. employer-employee relationship evaluation. (Para 12 , 19) |
| 5. final conclusion on the award of compensation. (Para 27) |
JUDGMENT :
M.F.A.(ECC)No.86/2024 is filed by the second opposite party (insurer) in E.C.C.No.88/2018 of the Employees Compensation Commissioner and Industrial Tribunal, Thiruvananthapuram aggrieved by granting of compensation to the 1st respondent/applicant. M.F.A.(ECC)No.14/2025 is filed by the applicant in the E.C.C. aggrieved by limiting of interest for the medical reimbursement from the date of filing of the claim petition. Hereafter the parties will be referred to as they are arrayed in M.F.A.(ECC)No.86/2024.
3. Husband of the 2nd respondent is the elder brother of the 1st respondent. On 5.6.2013 around mid-night, the 1st respondent was driving the private car owned by the 2nd respondent from Thiruvananthapuram to Kanjiramkulam. The brother of the 1st respondent had parked the car in the railway station. The 1st respondent was bringing back the vehicle to Kanjiramkulam. On the
Claims for compensation under the Employees' Compensation Act require credible evidence supporting the employer-employee relationship, with familial ties alone deemed insufficient.
Employer-employee relationships can be valid even among relatives; compensation interest must start from the accident date, not the award date.
Vehicle owner hiring driver for short duration establishes employer-employee relationship under Employees’ Compensation Act via oral/implied contract, proved by owner’s FIR without written proof.
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
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