Kerala High Court
The Divisional Manager vs Deepa on 7 February, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
MFA (ECC) NO. 8 OF 2024
AGAINST THE ORDER/JUDGMENT ECC 38/2014 OF EMPLOYEES COMPENSATION
COMMISSIONER
APPELLANTS/OPPOSITE PARTY:
THE DIVISIONAL MANAGER
FOOD CORPORATION OF INDIA, P.O, INDUSTRIAL ESTATE,
OLAVAKKODE, PALAKKAD DISTRICT, PIN - 678731
BY ADV R.HARIKRISHNAN (KAMBISSERIL)
RESPONDENTS/APPLICANTS:
1 DEEPA
D/O LATE NARAYANAN, MARATH PARAMBIL HOUSE, INDUSTRIAL
ESTATE POST, PUDUPPARIYARAM, OLAVAKKODE, PALAKKAD
DISTRICT, PIN - 678731
2 PRADEEP
S/O LATE NARAYANAN, MARATH PARAMBIL HOUSE, INDUSTRIAL
ESTATE POST, PUDUPPARIYARAM, OLAVAKKODE, PALAKKAD
DISTRICT, PIN - 678731
3 DIVYA
D/O LATE NARAYANAN, MARATH PARAMBIL HOUSE, INDUSTRIAL
ESTATE POST, PUDUPPARIYARAM, OLAVAKKODE, PALAKKAD
DISTRICT, PIN - 678731
THIS MFA (ECC) HAVING COME UP FOR ADMISSION ON 07.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MFA (ECC) NO. 8 OF 2024 2
T.R. RAVI, J.
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MFA (ECC) No.8 of 2024
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Dated this the 7th day of February 2024
JUDGMENT
The appeal has been filed against the order dated
20.11.2023 in ECC.No.38 of 2014 issued by the Employee's
Compensation Commissioner (Industrial Tribunal), Palakkad.
The application before the Commissioner was filed by the
legal representatives of the deceased Narayanan, who was
working as a headload worker in the FCI godown at
Olavakkode. On 13.07.2010, he suffered breathlessness at
the workplace and was taken to the Sai Nursing Home,
Olavakkode. Sri Narayanan died on the same day while under
treatment. The claim petition filed by the wife and children
has been allowed by the Commissioner against which the
employer has filed this appeal. The fact of employment is not
disputed. The fact that the deceased took ill during his work
and was rushed to a hospital by his Co-workers is also not
denied. The dispute is only regarding the cause of the death.
According to the claimants, the deceased, due to excessive
work load, strain and stress of the work, felt suffocation and
he requested the officials to give him some rest which was
denied. It is stated that since food articles were kept in the
godown rat poison and other chemicals were being used for
safe keeping of the food articles from rodents and other
insects which made the work site not hygienic. It is also
submitted that due to allergic reactions the deceased had
breathing trouble and fell down at the work site. It is also
stated that there was no vehicle at the work site and the co-
workers had to hire an autorikshaw from the Olavakkode
junction to take him to the hospital which took considerable
time. It is also stated that he was in the uniform of the
headload worker when he was taken to the hospital.
According the the appellant, the deceased was already
suffering from diseases and there was no excessive use of any
poison or chemicals that would cause any breathing problem.
The Commissioner relied on the evidence of
Dr.T.S.Ramaswami, Sai Hospital, Olavakkode who was
examined as a witness. The doctor has given certificate to
the effect that when the patient reached the hospital he was
in a collapsed state in cyanosis, severe dyspnea and the blood
pressure was not recordable. It is also stated that in spite of
all resuscitive measures the patient expired within five
minutes, probably due to an acute allergic reaction leading to
severe bronchospasm. Dr.T.S.Ramaswami when he was
examined has spoken in support of the certificate issued by
him and has stated that the probable cause for the death was
the acute allergic reaction due to exposure to dust from the
work place leading to respiratory failure due to severe
bronchospasm. Even though the Doctor was cross-examined,
nothing was brought out to discredit the statements made by
him regarding the cause of death. The wife of the deceased
has also given evidence in support of the claim. A Co-worker
named Haneefa was also examined as AW2, who has given
details of the work that was done on 13.07.2010, on which
day Sri Narayanan died and the details regarding taking
Sri Narayanan to the hospital. The Commissioner has
considered the evidence in detail and arrived at the decision.
I do not find any reason to set aside the said decision which is
legally justified.
In the above circumstances, the appeal fails and is
dismissed.
Sd/-
T.R.RAVI
JUDGE
LEK
