Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
THE ORIENTAL INSURANCE CO.LTD. – Appellant
Versus
JAYAKALA VIJAYAKUMAR – Respondent
| Table of Content |
|---|
| 1. accident occurred during employment. (Para 3 , 4 , 5) |
| 2. compensation awarded based on findings. (Para 7 , 8) |
| 3. question of law on employment relationship. (Para 9 , 13) |
| 4. evidence questioned regarding employment status. (Para 15) |
| 5. assessment of evidence and credibility. (Para 16 , 17) |
JUDGMENT
Second opposite party in ECC No.15 of 2017 on the files of the Employees Compensation Commissioner, Peermade, Idukki, has filed this appeal.
2. Respondents 1 to 3 were the applicants before the Commissioner. The 4th respondent herein was the first opposite party.
3. Husband of the 1st respondent and father of respondents 2 and 3, Sri.Vijayakumar, died in an accident on 07.02.2015. The deceased was driving a car bearing Registration No.KL-7-BF-500 owned by the 4th respondent at the time of accident. The claim was raised contending that the deceased was employed as a driver by the 4th respondent and the accident occurred out of and during the course of employment.
4. The appellant as well as the 4th respondent filed written statements. The 4th respondent denied employer–employee relationship. He stated that the deceased was an autorickshaw driver and was never employed as a driv
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
