Kerala High Court
Divisional Forest Officer vs Lakshmi. K on 21 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
MFA (ECC) NO. 6 OF 2019
AGAINST THE ORDER DATED 30.05.2017 IN ECC NO.346 OF 2014 OF
INDUSTRIAL TRIBUNAL AND EMPLOYEES' COMPENSATION
COMMISSIONER, KOZHIKODE
APPELLANTS/OPPOSITE PARTIES 1 & 2:
1 DIVISIONAL FOREST OFFICER
DIVISIONAL FOREST OFFICE, KANNUR
2 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, KANNUR
BY ADV SRI.SANDESH RAJA.K., SPL.G.P.(FOREST)
RESPONDENTS/APPLICANTS & 3RD SUPPLEMENTAL OPPOSITE PARTY:
1 LAKSHMI. K
W/O LATE VELERI KUNHIRAMAN, RESIDING AT 58A, VELERI,
PARAMBUKAVU, KANNAVAM COLONY- 670 650.
2 SWAPNA
D/O LATE VELERI KUNHIRAMAN, RESIDING AT 58A, VELERI,
PARAMBUKAVU, KANNAVAM COLONY- 670 650.
3 SOVIYA
D/O LATE VELERI KUNHIRAMAN, RESIDING AT 58A, VELERI,
PARAMBUKAVU, KANNAVAM COLONY- 670 650.
4 SONIYA
D/O LATE VELERI KUNHIRAMAN, RESIDING AT 58A, VELERI,
PARAMBUKAVU, KANNAVAM COLONY- 670 650.
2
M.F.A (ECC) No.6 of 2019
5 VELERI THEYYI
M/O LATE VELERI KUNHIRAMAN, RESIDING AT 58A, VELERI,
PARAMBUKAVU, KANNAVAM COLONY- 670 650.
6 N.G.VIJAYARAGHAVAN
S/O. GOVINDAN, N.G. HOUSE, KOLAYAD-670 650
BY ADVS.
SRI.SATHEESHAN ALAKKADAN - FOR R1 TO R5
SRI.R.SURENDRAN - FOR R6
KUM.S.MAYUKHA - FOR R6
THIS MFA (ECC) HAVING COME UP FOR HEARING ON 18.06.2024,
THE COURT ON 21.06.2024 DELIVERED THE FOLLOWING:
3
M.F.A (ECC) No.6 of 2019
G.GIRISH, J.
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M.F.A (ECC).No.6 of 2019
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Dated this the 21st day of June, 2024
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JUDGMENT
This appeal is directed against the order dated 30.05.2017 of
the Employee's Compensation Commissioner (Industrial Tribunal),
Kozhikode awarding a compensation of Rs.5,84,800/- and an
amount of Rs.5,000/- as funeral expenses to the legal heirs of late
Veleri Kunhiraman who suffered death due to the fall of a tree upon
his body while engaged in silvi cultural spinning works in the 1979
teak plantation in Kannavam Range of Kerala Forest Department.
2. Deceased Veleri Kunhiraman was said to be working
under the 6th respondent who was the Convenor appointed by the
Forest Department in accordance with the guidelines in a
Government Order of the year 1989 which was marked as Ext.B1
before the trial court. The respondents 1 to 5 are the wife, children
and mother of the deceased employee. The incident occurred on
27.01.2012 at about 2.30 p.m while the deceased employee was
working inside the forest under Kannavam Forest Range under the
supervision of a Forest Guard. Though the employee was taken to
Co-operative Hospital, Koothuparamba and Thalassery Co-
operative Hospital and administered treatment, he succumbed to
the injuries. The claim for compensation by the legal heirs of the
deceased employee was resisted by the Forest Department on the
basis of a contention that there was no employer-employee
relationship. It was contended that the 6th respondent was the
actual employer of the deceased. Another objection raised by the
appellants was that an amount of Rs.1,00,000/- which was paid to
the legal heirs of the deceased employee as the insurance amount
due to them as per the insurance scheme availed for the tribal
people of that locality, ought to have been deducted from the
compensation awarded to the legal heirs of the deceased
employee. The learned Employee's Compensation Commissioner
repelled both the above challenges of the appellants, and passed
the impugned order directing the Divisional Forest Officer, Kannur
(1st appellant) to deposit the compensation amount of
Rs.5,84,800/- with 12% interest and an amount of Rs.5,000/- as
funeral expenses within thirty days. Aggrieved by the said order,
the appellants have approached this Court with this appeal filed
under Section 30 of the Workmen's Compensation Act, 1923.
3. The respondents appeared through their counsel.
4. Heard the learned Special Government Pleader
representing the appellants and the learned counsel representing
respondents 1 to 5 and the 6th respondent.
5. The substantial question of law raised for consideration
are as follows:
(i) Whether the Forest Department could be
treated as the employer of the deceased
employee who was working under the 6th
respondent Convenor appointed in
accordance with the Government Order for
the implementation of Convenor System in
the Forest Department for executing forestry
works?
(ii) Whether the amount of Rs.1,00,000/- paid to
the legal heirs of the deceased employee as
insurance amount of the deceased, is liable to
be deducted from the compensation amount
due to the legal heirs of the deceased
employee?
6. There is no dispute about the fact that the 6 th
respondent was appointed by the Forest Department in accordance
with Ext.B1 Government Order for executing forestry work under
the Convenor System for the implementation of the work. As
rightly observed by the learned Employee's Compensation
Commissioner in the impugned order, Ext.B1 Government Order
makes it explicit that the Convenors are so appointed from the
forestry workers under the Forest Department, and that they have
no power to appoint or supervise the work. The responsibility of
the Convenors is limited to the co-ordination of the works. The
wages for the workers are paid by the Forest Department. So also,
it is the Forest Department which is having the authority for the
appointment and the termination of the workers working under the
Convenors. That being so, there is absolutely no basis for the
contention that the Forest Department is not the employer of the
deceased employee since he was working under the 6th respondent
Convenor at the time of accident. Needless to say that the Forest
Department is liable to pay compensation to the employees for the
casualties suffered in the accidents which happened during the
course of employment. Accordingly, the above question of law is
answered against the appellants.
7. The amount of Rs.1,00,000/- received by the
respondents 1 to 5 as the insurance amount in respect of a policy
insuring all the tribals, cannot be considered as part of the
compensation which the employer of the deceased was liable to
pay in connection with the injuries sustained by the deceased
employee during the course of employment. It is to be noted here
that the above amount of Rs.1,00,000/- would have been received
by the legal heirs of the deceased employee even if that employee
lost his life due to any incident totally unrelated to his employment.
So also, the aforesaid amount of Rs.1,00,000/- will have to be paid
to a person belonging to the tribal community who is not an
employee of the appellants, if he suffers accident inside the forest.
Thus, it could be seen that the payment of the aforesaid insurance
amount is having no nexus with the course of employment of the
beneficiary to that insurance scheme. That being so, there is
absolutely no basis for the argument of the appellants that the
amount of Rs.1,00,000/- paid to the legal heirs of the deceased as
insurance amount ought to have been deducted from the
compensation awarded in this case.
8. It could be seen from the impugned order of the
Employee's Compensation Commissioner that the compensation
amount has been calculated considering the monthly wages of the
deceased employee as Rs.8,000/- in accordance with Central
Government Notification vide S.O.1258(E) dated 31.05.2010.
There is absolutely no illegality or impropriety in the course
adopted by the learned Employee's Compensation Commissioner
in calculating the compensation amount due to the respondents 1
to 3. Needless to say that the impugned order passed by the
Employee's Compensation Commissioner is not liable to be
interfered with in this appeal.
In the result, the appeal is dismissed.
(sd/-)
G.GIRISH, JUDGE
jsr
APPENDIX OF MFA (ECC) 6/2019
PETITIONER ANNEXURES
ANNEXURE-A1 TRUE COPY OF THE LETTER DATED 30.10.2018
