THE UNITED INDIA INSURANCE COMPANY LTD. vs SHYLA AGED 43 YEARS W/O.LATE KURIAKOSE

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 43762

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
THE UNITED INDIA INSURANCE COMPANY LTD. – Appellant
Versus
SHYLA AGED 43 YEARS W/O.LATE KURIAKOSE – Respondent

Advocates:
For the Appellants/Petitioners: Sri. Rajan P. Kaliyath
For the Respondents: Smt. Celine Joseph

Table of Content
1. appellant is an insurance company liable for compensation. (Para 1)
2. arguments centered around the existence of employer-employee relationship. (Para 4 , 5)
3. court emphasized leniency in evidentiary standards under welfare legislation. (Para 6 , 8)
4. evidence supported finding of employer-employee relationship. (Para 9)
5. final decision to dismiss the appeal. (Para 10)

JUDGMENT

1. The appellant is the 2^nd opposite party/ insurance company before the Employees’ Compensation Commissioner. The dependents of one Kuriakose, who died in a motorcycle accident on 03.02.2017, filed the Application for compensation. The motorcycle bearing Reg. No. KL 17 J 8464 involved in the accident belonged to the 1^st opposite party and was insured with the 2^nd Opposite party at the time of the accident. According to the applicants, the deceased was working as a supervisor of the 1^st opposite party, who is an agriculturist doing ginger cultivation in different areas; that the 1^st opposite party provided a motorcycle to the deceased for the purpose of the employment; that the accident happened during the course of employment while the deceased was going to Kaippancherry, where the 1^st op