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2026 Supreme(Online)(Ker) 23993

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
SANTIMOL. C – Appellant
Versus
JUSTIN. T. X – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.JAYAPRADEEP, SMT.O.A.NURIYA, SRI.D.S.LOKANATHAN, SRI.ALAN PRIYADARSHI DEV, SMT.CHANDANA VIJAYAN

Table of Content
1. the appeal requests higher compensation based on wage evidence. (Para 1 , 2)
2. the court found no substantial legal question and upheld the commissioner's decision. (Para 3 , 4)

JUDGMENT

Appellants are the claimants in E.C.C No.11 of 2022 on the file of the Employees Compensation Commissioner, Kollam. The application was filed seeking compensation for the death of a driver who was employed in an autorickshaw bearing Reg.No.KL- 07-BN-6727 under the 1st respondent. He met with an accident on 28.06.2021, suffered serious injuries and succumbed to death. Seeking compensation, claiming that the monthly wages of the deceased workman was Rs.30,000/-, the application was filed before the learned Commissioner. During trial, the 1st appellant was examined as AW1 and Exhibits A1 to A11 were marked on the side of the applicants. No evidence was adduced by the respondent. The learned Commissioner found that there was employer-employee relationship and the applicants were entitled for compensation as the accident arose out of and in the course of employment. The learned Commissioner granted compensation of Rs.15,88,425/- with simple interest at the rate of 12% from the date of

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