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2024 Supreme(Online)(KER) 35521

HIGH COURT OF KERALA
G. GIRISH, J
UNITED INDIA INSURANCE COMPANY – Appellant
Versus
ELATTUPARAMBIL ABDURAHIMAN – Respondent


Advocates:
ADV T.J.LAKSHMANAN IYER, ADVS.SRI.LEGITH T.KOTTAKKAL FOR R1,R2 & R5 SRI.P.JAHANGEER FOR R1 & R2 SRI.E.C.AHAMED FAZIL FOR R4

JUDGMENT

The second opposite party in ECC No.343/2014 (old No.82/2008) on the files of the Court of Employees Compensation Commissioner, Palakkad is the appellant herein. On 20.07.2018, the learned Compensation Commissioner passed the impugned order directing the second opposite party (Insurance Company) to pay compensation Rs.2,74,938/- with interest @ 12% per annum, and an amount of Rs.2,500/- as the funeral expenses of one Firoz Babu, the son of applicants 1 and 2 and the brother of the applicant No.3 before the said court. The applicants 1 to 3 before the Trial Court are the respondents 1 to 3, and the first opposite party before the Trial Court is the fourth respondent, in this appeal. During the pendency of this appeal, the second respondent died. The additional fifth respondent has been impleaded as the legal representative of the deceased second respondent.

2. In the application filed before the Employees Compensation Commissioner, the applicants contended that the above said Firoz Babu, a Sales Representative employed by the first opposite party, met with death during the course of employment on 30.06.2001 in an accident while riding a motorcycle owned by the first opposite

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