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HIGH COURT OF KERALA
SYAM KUMAR V.M., J
THE NEW INDIA ASSURANCE CO.LTD. – Appellant
Versus
MAHESWARI – Respondent
| Table of Content |
|---|
| 1. details of the case and factual background. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties regarding compensation. (Para 6 , 7) |
| 3. court's observations on employment and liability. (Para 8 , 9) |
| 4. legal reasoning regarding the application of amendments. (Para 10 , 11 , 12) |
| 5. final order and computation of compensation. (Para 13 , 14) |
JUDGMENT
This appeal is filed by the Insurance Company challenging the order in E.C.C No.55 of 2016 dated 01.10.2018 on the files of the Employees Compensation Commissioner (ECC), Palakkad.
2. The appellant was the 2nd opposite party in the proceedings before the E.C.C. Respondents 1 to 3 were the applicants and the 4th respondent was the 1st opposite party in the said proceedings. (Parties are hereinafter referred to as per their status before the E.C.C.)
Brief facts
3. Applicants are the legal heirs of late Ramaswami, who was the driver of a pick-up van bearing No.KL-9/R-3137. The said pickup van was owned by the 1st opposite party. On 16.01.2010, while cleaning the vehicle, the deceased had to switch on an electric motor to fetch water and in the process, he sustained an electric shock and got electrocuted. The accident happe
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