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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
UNITED INDIA INSURANCE COMPANY LTD. – Appellant
Versus
K.P.JOSHY – Respondent
| Table of Content |
|---|
| 1. insurance claim for personal injury (Para 1 , 2) |
| 2. liability and coverage issues (Para 5 , 6 , 10) |
| 3. court's determination of policy application (Para 8 , 9) |
| 4. court's final decision (Para 11) |
JUDGMENT
1. The appellant is the 2nd opposite party, Insurance Company, before the Employees Compensation Commissioner. The 1st respondent/applicant filed the application claiming compensation for the personal injury sustained by him on 03.07.2010 while he was unloading goods from a vehicle bearing Registration No. KL 8/AM 2921. The vehicle belonged to the 1st opposite party and the same was insured with the 2nd opposite party. Respondents 3 and 4 are the Secretary of the Head Load Worker’s Welfare Fund Board, Trivandrum and the Secretary of the Head Load Worker’s Union, Mannuthy, since the applicant was having a registration under Rule
6A of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme,1983.
2. The Commissioner awarded a compensation of Rs.1,36,483/- with interest @ 12% per annum, Rs.15,951/- being the reimbursement of medical expenditure with cost of Rs.400/- and directed the 2nd opposite party to pay the award amount in view of the Ext.R1 policy
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