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2024 Supreme(Online)(KER) 7473

HIGH COURT OF KERALA
G. GIRISH, J
THE MANAGER PERRIAVURRAI ESTATE – Appellant
Versus
PACKIAM – Respondent


Advocates:
P.RAMAKRISHNAN, PREETHI RAMAKRISHNAN (P-212), T.C.KRISHNA, C.ANIL KUMAR, ASHA K.SHENOY

JUDGEMENT

The opposite party in W.C.Case No.48/2004 on the files of the Commissioner for Workmen’s Compensation (Deputy Labour Commissioner), Kottayam has filed this appeal under Section 30 of the Workmen’s Compensation Act, 1923 challenging the order dated 20.03.2012 awarding a compensation amount of Rs.2,39,700/- with 12% interest and an amount of Rs.2,500/- as funeral expenses to the applicants in that case.

2. Respondents 1 to 3 are the wife and children of Late Vincent, who was an employee at Field No.24 of Sholamallay Division of the estate belonging to the appellant. The abovesaid Vincent was brought dead to the estate hospital of the appellant at 5:00 p.m. on 29.09.2003, the day when he was engaged in the work of supervising the plucking work in the above division of the said estate. The respondents approached the Workmen’s Compensation Commissioner under Section 22 of the Workmen’s Compensation Act, 1923 claiming compensation contending that their predecessor Mr.Vincent sustained death as a result of an accident which occurred during the course of employment with the appellant.

The appellant defended the said case on the basis of a contention that the abovesaid Vincent su

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