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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
THE NEW INDIA ASSURANCE CO.LTD. – Appellant
Versus
SUVARNA.G – Respondent
| Table of Content |
|---|
| 1. employment and death circumstances. (Para 1 , 2) |
| 2. arguments on causation and responsibilities. (Para 3 , 6 , 7) |
| 3. commissioner’s findings and interim orders. (Para 4 , 5) |
| 4. legal questions raised in appeal. (Para 8 , 12) |
| 5. cited judgments' principles on causation. (Para 9 , 10) |
| 6. established legal standards and interpretations. (Para 11 , 13 , 14) |
| 7. analysis of evidence and conclusions drawn. (Para 15 , 22 , 23 , 24) |
JUDGMENT
Appellant is the second opposite party in ECC No.66 of
2022 on the files of the Employees Compensation Commissioner, Kozhikode. The respondents 1 and 2 approached the Commissioner seeking compensation for the death of late Ganesh, who was employed as a Conductor in a bus owned by the 3rd respondent.
2. According to respondents 1 and 2 the deceased was employed as a Conductor under the 3rd respondent for about 15 years. On 13.10.2021 he joined duty at about 7.30 a.m. and when the bus reached Kasaragod bus stand at about 10.30 a.m., he felt sustained chest pain and was admitted at KIMS Sunrise Hospital, Kasaragod. He was diagnosed with congestive heart failure and pulmonary edema. He was discharged after treatment on 16.10.2021 and was advised to
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