The Oriental Insurance Company vs Sicily(Died)
2022 Latest Caselaw 5335 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                             MFA NO. 184 OF 2011
  AGAINST THE ORDER/JUDGMENT DATED 05/05/2011 IN WCC 447/2004 OF
           COMMISSIONER FOR WORKMEN'S COMPENSATION, THRISSUR
APPELLANT/3RD OPPOSITE PARTY:

             THE ORIENTAL INSURANCE COMPANY LIMITED,
             THRISSUR NOW REPRESENTED BY ITS ASSISTANT AMANGER,
             REGIONAL OFFICE,METRO PALACE, KOCHI-18.
             BY ADVS.
             SRI.MATHEWS JACOB (SR.)
             SRI.P.JACOB MATHEW


RESPONDENTS/APPLICANTS AND OPPOSITE PARTIES 1 & 2:

    *1       SICILY W/O LATE JOSE, PORATHUR ETTIKURU HOUSE,
             LINK ROAD,. PO. ANCHERY,THRISSUR. PIN-680 521.(DIED)

             *IT IS DECLARED THAT THE 1ST RESPONDENT SICILY DIED AND
             IT IS RECORDED THAT THE RESPONDENTS 2 AND 3 WHO WERE
             ALREADY IN THE PARTY ARRAY AS THE LEGAL HEIRS OF
             DECEASED FIRST RESPONDENT AS PER ORDER DATED 8/2/2022
             VIDE IA 1/2021.
    2        SIJO, S/O LATE JOSE,
             PORATHUR ETTIKURU HOUSE, LINK ROAD, PO ANCHERY,
             THRISSUR. PIN-680 521.
    3        JOMON, S/O LATE JOSE,
             PORATHUR ETTIKURU HOUSE, LINK ROAD, P.O, ANCHERY,
             THRISSUR, PIN-680 521.
    4        THE MANAGER DON BOSCO HIGH SCHOOL,
             MULLAKKARA, MANNUTHY, PIN-680 513.
    5        MARTIN PAUL, MOLAYAN HOUSE,
             CHEERACHIKULAM, OLLUR, THRISSUR- PIN-680 503.
             BY ADVS.
             SRI.DILIP J. AKKARA
             SRI.K.B.GANGESH
             SMT.SMITHA CHATHANARAMBATH


     THIS    MISC.   FIRST    APPEAL   HAVING   COME   UP   FOR   HEARING   ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MFA NO. 184 OF 2011
                                    2

                              JUDGMENT

This appeal is by the Insurance Company against

the award passed by the Compensation Commissioner on

account of the death of victim, who was aged 63 years

at that time. He was serving as a driver of a school

bus. The incident happened while he was driving the

vehicle/school bus from Nelliambathi to Thrissur and

he met with a sad death due to heart attack during

the course of driving near to Thrissur at Cheruvalli

at 6 p.m. It is submitted by the learned counsel for

the respondents that the death was due to heart

attack and not due to any stress or strain taken

during the course of employment. The fact that the

victim aged 63 years was driving the vehicle such a

long distance of 75 kms from Nelliambathy to the

place of accident near Thrissur would sufficiently

show the stress and strain meted out by him and as

such, the legal position settled by the Apex Court in

Jyothi Ademma v. Plant Engineer, Nellore (2006(3) KLT

426 (SC)) cannot be applied in the instant case. MFA NO. 184 OF 2011

2. Inter alia, it was contended that there is no

employer-employee relationship between victim and the

respondents 4 and 5. It is submitted that the

vehicle was insured by the 5th respondent who was the

then owner of the vehicle with the insurance company/

the appellant. Subsequently, it was transferred to

the 4th respondent without the consent of the

Insurance Company. At the same time it is admitted

that the vehicle was driven by the victim, who was

aged 63 years and he was employed in the vehicle at

the relevant time, for which there is no dispute at

all. As such, the Insurance Company cannot exonerate

its liability to compensate.

Hence, the appeal fails, dismissed. No costs.

Sd/-

P.SOMARAJAN JUDGE msp