JUDGMENT

The opposite party in ECC No.21 of 2020 before the Employees Compensation Tribunal, Idukki has filed this appeal being aggrieved by the order dated 21.09.2023 directing the appellant to pay a sum of Rs.6,93,969/- with interest as compensation to the respondent/applicant for an accident that has allegedly taken place during employment. The contention of the appellant is that the Commissioner has assumed the existence of the jurisdictional fact of an employer-employee relationship and proceeded to grant compensation even without any consideration of the evidence on record. It is hence contended that the findings are perverse, which is by itself a substantial question of law.

2. The application for compensation was filed alleging that the respondent sustained injuries while in employment as a general worker in M/s.Fathima Constructions, Kanjirappally, Ponkunnam, allegedly owned by the appellant. The accident is said to have taken place on 25.6.2019 at about 11 a.m., while the applicant, along with his co-workers named Joy and Georgekutty, were drilling rock at about 65Ft. height using a jackhammer, and the applicant fell down from the rock to the ground with the jackhammer and