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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
GOPALAKRISHNA PILLAI – Appellant
Versus
SATHYAN – Respondent
| Table of Content |
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| 1. employment relationship and injury details established. (Para 1 , 2) |
| 2. parties dispute liability and insurance coverage. (Para 3 , 6 , 7) |
| 3. court analyzes employer-employee relationship and insurance obligations. (Para 4 , 8 , 9 , 10 , 11) |
| 4. insurance company liable to indemnify employer. (Para 12) |
JUDGMENT
Dated this the 08th day of January, 2025 This appeal is filed challenging the order dated 20.04.2012 in WCC No.54 of 2002 by the Commissioner for Workmen’s Compensation and Deputy Labour Commissioner, Kollam. Appellant was the 1st opposite party and respondents 1 and 2 were the applicant and 2nd opposite party respectively in the said proceedings. Parties are hereinafter referred to as per their status in the proceedings before the Commissioner.
2. Applicant was employed by the 1st opposite party as a mahout to an elephant. On 15.10.2001, while he was engaged in loading a wooden log pulled by the elephant into a lorry, the log fell from the trunk of the elephant onto the right leg of the applicant thereby leading to injuries. The applicant was aged 40 years at the relevant time and was earning a monthly wage of Rs.4,500/-. The applicant preferred an application u
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