Kerala High Court
Mrs.Thanka vs Sasidharan.K.G on 3 September, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
2024:KER:66569
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
MFA (ECC) NO. 101 OF 2019
AGAINST THE ORDER DATED 25.03.2019 IN ECC NO.726 OF 2016
(W.C.C.83/2009) OF THE EMPLOYEES COMPENSATION COMMISSIONER
(INDUSTRIAL TRIBUNAL),THRISSUR
APPELLANT/CLAIMANT:
MRS.THANKA,
AGED 66 YEARS
W/O.LATE VELAYUDHAN, PULLISSERY HOUSE, THOTTIPAL
P.O., THRISSUR DISTRICT.
BY ADV V.BINOY RAM
RESPONDENTS/RESPONDENTS:
1 SASIDHARAN.K.G,
KOVATH HOUSE, PALAZY P.O., CHERUVAL, THRISSUR
DISTRICT, PIN- 680301.
2 THE BRANCH MANAGER,
ICICI LOMBARD INSURANCE CO.LTD., 2ND FLOOR, R.V.TRADE
CENTRE, PATTURACKAL, THRISSUR, PIN- 680022.
BY ADVS.
SRI.V.M.KRISHNAKUMAR
JACOB MATHEW P
THIS MFA (ECC) HAVING BEEN FINALLY HEARD ON 03.09.2024,
ALONG WITH MFA (ECC).141/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.F.A(ECC). Nos. 101 of 2019 & 141 of 2022
2024:KER:66569
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
MFA (ECC) NO. 141 OF 2022
AGAINST THE ORDER DATED 25.03.2019 IN ECC NO.726 OF 2016
(W.C.C.83/2009) OF THE EMPLOYEES COMPENSATION COMMISSIONER
(INDUSTRIAL TRIBUNAL),THRISSUR
APPELLANT/1ST OPPOSITE PARTY:
SASIDHARAN K.G.
AGED 61 YEARS
KOVATH HOUSE, P.O. PALAZHY, SD/- CHERUVAL,
THRISSUR DISTRICT, PIN - 686575
BY ADV V.M.KRISHNAKUMAR
RESPONDENTS/2ND APPLICANT & 2ND OPPOSITE PARTY:
1 THANKA
W/O LATE VELAYUDHAN, PULLISSERY HOUSE, P.O.
THOTTIPPAL, THRISSUR DISTRICT, PIN - 680310
2 THE BRANCH MANAGER
ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
IIND FLOOR, R.V. TRADE CENTRE, PATTURACKAL,
THRISSUR, PIN - 680022
BY ADVS.
V.BINOY RAM
JACOB MATHEW P
M.F.A(ECC). Nos. 101 of 2019 & 141 of 2022
2024:KER:66569
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THIS MFA (ECC) HAVING BEEN FINALLY HEARD ON
03.09.2024, ALONG WITH MFA (ECC).101/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
M.F.A(ECC). Nos. 101 of 2019 & 141 of 2022
2024:KER:66569
4
T.R.RAVI, J
--------------------------------------
M.F.A(ECC). Nos. 101 of 2019
and
141 of 2022
-----------------------------------------
Dated this the 03rd day of September, 2024
JUDGMENT
These appeals are preferred by the claimant and
the 1st opposite party, respectively, against the exoneration
of the 2nd respondent from the liability, on the ground that
there was no evidence tendered regarding the fact that the
vehicle had a valid permit at the time of the accident.
Along with these appeals, a copy of the permit has been
produced. The counsel for the 2nd respondent had sought
time to verify the veracity of the document and has today
submitted before this Court that the vehicle had a valid
permit at the time of the accident.
In the above circumstances there is no reason to
exonerate the 2nd respondent from the liability. These
appeals are allowed, and the order dated 25.03.2019 is
M.F.A(ECC). Nos. 101 of 2019 & 141 of 2022
2024:KER:66569
modified with an additional direction to the 2 nd opposite
party to indemnify the 1st opposite party for the payment of
the compensation awarded, which is already under deposit
at the instance of the 1st opposite party before the
Commissioner. The Commissioner may release the
amounts to the claimants in view of the disposal of these
appeals.
Sd/-
T.R.RAVI
JUDGE
Mms
M.F.A(ECC). Nos. 101 of 2019 & 141 of 2022
2024:KER:66569
APPENDIX OF MFA (ECC) 101/2019
PETITIONER'S ANNEXURE
ANNEXURE 1 ORIGINAL PERMIT OF THE VEHICLE BEARING
NO.KL/45/7290 ISSUED FROM THE OFFICE OF
JOINT REGIONAL TRANSPORT OFFICER,
IRINJALAKUDA.
M.F.A(ECC). Nos. 101 of 2019 & 141 of 2022
2024:KER:66569
APPENDIX OF MFA (ECC) 141/2022
PETITIONER'S ANNEXURES
ANNEXURE I ORIGINAL OF THE RECEIPT DATED
04.12.2022 EVIDENCING PAYMENT OF
RS.4,07,700/- ISSUED BY EMPLOYEES
COMPENSATION COMMISSIONER.
ANNEXURE II TRUE COPY OF THE NOTICE DATED
02.02.2023 ISSUED BY THE EMPLOYEES
COMPENSATION COMMISSIONER
ANNEXURE III TRUE COPY OF THE PERMIT DATED 7.8.2019
ISSUED TO THE APPELLANT
ANNEXURE IV TRUE COPY OF THE CERTIFICATE GIVEN
UNDER SECTION-30(1) PROVISO (3) ISSUED
BY THE COMMISSIONER FOR EMPLOYEES
COMPENSATION, THRISSUR DATED 04.04.2023
