GIRIJA AGED 61 YEARS W/O LATE SADANANDAN, KUNNATHULLY PULIKKAL HOUSE, PUTHURKARA, P. O. AYYANTHOLE, THRISSUR DISTRICT vs NITHIN SADANANDAN S/O.SADANANDAN, 11/642, KUNNATHULLY PULIKKAL HOUSE, PUTHURKARA, P. O., AYYANTHOLE, THRISSUR DISTRICT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 56215

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
GIRIJA AGED 61 YEARS W/O LATE SADANANDAN, KUNNATHULLY PULIKKAL HOUSE, PUTHURKARA, P. O. AYYANTHOLE, THRISSUR DISTRICT – Appellant
Versus
NITHIN SADANANDAN S/O.SADANANDAN, 11/642, KUNNATHULLY PULIKKAL HOUSE, PUTHURKARA, P. O., AYYANTHOLE, THRISSUR DISTRICT – Respondent

Advocates:
For the Appellants/Petitioners: SRI.P.V.CHANDRA MOHAN
For the Respondents: SRI.JOHN JOSEPH VETTIKAD

Table of Content
1. accident details and claim background. (Para 1 , 2)
2. court's finding on employment relationship. (Para 3 , 4)
3. final ruling and decision of appeal. (Para 5)
4. arguments for and against the employment claim. (Para 6)
5. conclusion regarding evidence insufficiency. (Para 8)

J U D G M E N T

This appeal is filed by the applicants in E.C.C.No.45 of

2017 of the Court of Employees' Compensation Commissioner (Industrial Tribunal), Thrissur. Appellants 1 and 2 are respectively the wife and daughter of late Sadanandan. He met with an accident at about 5.45 p.m on 26.07.2014 while driving auto rickshaw bearing Registration No.KL 8/AZ 7673 through Shornur Road. The vehicle overturned and he sustained grievous injuries. He was treated as an inpatient in a hospital from 26.07.2014 to 05.08.2014. He became permanently incapacitated on account of the injury sustained in the accident. Claiming that he was employed by the 1^st respondent, the E.C.C was filed for compensation. It is to be noted that the 1^st respondent is none other than the son of late Sadanandan and the 1^st appellant.

2. Though notice was issued, only the Insurance Company entered appearance and the 1^st respondent, s

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