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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
MADHUSOODHANAN – Appellant
Versus
1 RAVIKUMARAN NAIR – Respondent
| Table of Content |
|---|
| 1. establishment of employer-employee relationship based on evidence. (Para 1 , 2) |
| 2. discussion on claims substantiated by fir/fis. (Para 3 , 4) |
| 3. evaluating the significance of evidence in appeals. (Para 5 , 6) |
| 4. court's ruling addressed the need for further consideration of evidence. (Para 7 , 8) |
JUDGMENT
First opposite party in ECC No.330 of 2017 of the Employees Compensation Commissioner (Industrial Tribunal), Thiruvananthapuram has filed this appeal. Son of the 1st respondent and the brother of the 2nd respondent – Sri.Sreekumar, while operating a hitachi machine in a quarry owned by the appellant, on 08.05.2013 at about 10.00 a.m. sustained serious injuries in an accident and succumbed to it. Before the Commissioner respondents 1 and 2 claimed an amount of Rs.10 lakhs as compensation from the appellant and the 3rd respondent – insurer. The Commissioner allowed the application and granted Rs.8,54,280/- as compensation with interest @ 12% from the date of accident till the deposit of the same. An amount of Rs.1,709/- was allowed as cost and Rs.5,000/- was allowed towards funeral expenses.
2. In the appeal, the main contention raised is that there was no evidence t
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