IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MFA.No. 933 of 2002(D) --------------------------------- WCC.44/1999 of COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER),KOTTAYAM .................... APPELLANT(S): ----------------------- 1. THE MANAGING DIRECTOR, K.L.D. BOARD, PATTOM PALACE P.O., TRIVANDRUM-695 064. 2. THE MANAGER (AH), K.L.D. BOARD, MATTUPATTY P.O. (VIA) MUNNAR. BY ADV. SRI.BABY ISSAC ILLICKAL SMT. K.SUNITHA VINOD, SC, KLSDB SMT.SUMATHY DANDAPANI,SC FOR KLSDB. RESPONDENT(S): ----------------------------- 1. S.KRISHNAN, ATTENDER, K.L.D. BOARD, MATTUPATTY P.O., (VIA) MUNNAR. 2. COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), KOTTAYAM.(DIED) *ADDL.R3 TO R8 ARE IMPLEADED 3. PAVANTHAI, W/O. LATE S.KRISHNAN, KLD BOARD QUARTERS, MATUPPETTY POST (VIA), MUNNAR. 4. RAMESH, S/O. LATE S.KRISHNAN, DO. DO. 5. MAHESH, S/O. LATE S.KRISHNAN, DO. DO. M.F.A. NO.933/2002 6. MANIMEGALA (MINOR) , D/O. LATE S.KRISHNAN, DO. DO. REP.BY MOTHER AND LEGAL GUARDIAN PAVANTHAI 7. MANIKANDAN (MINOR), S/O. LATE S.KRISHNAN DO. DO REP. BY MOTHER AND GUARDIAN PAVANTHAI 8. RAJA KUMAR (MINOR) S/O. S.KRISHNAN, DO. DO. REP.BY MOTHER AND LEGAL GUARDIAN PAVANTHAI. L.RS OF THE DECEASED R1 ARE IMPLEADED AS ADDL. R3 TO R8 VIDE ORDER DT. 17.12.03 IN CMP. 155/03. ADV. SRI.P.RAMAKRISHNAN FOR ADDL.R THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.5589/2002 IN MFA. NO.933/2002 DISMISSED 19.12.2008 SD/- J.B.KOSHY, ACTING CHIEF JUSTICE SD/- THOMAS P.JOSEPH, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY, Ag.CJ & THOMAS P.JOSEPH, J. ================================ M.F.A.No.933 of 2002 =============================== Dated this the 19th day of December, 2008. J U D G M E N T KOSHY, Ag.CJ. 1st respondent in this case was employed by the appellant Kerala Livestock Development Board Ltd. On 23.12.1997 at 9.40 a.m. while he was returning after tying a cow, he fell down unconscious and his left side including hand and leg was paralysed. He claimed compensation under Workmen's Compensation Act contending that paralytical attack was caused to him due to strain of work. It is true that if a workman dies or sustains injury during the course of employment by natural diseases, he will not be entitled to compensation under the Workmen's Compensation Act. It is well settled law that accidental injury shall be cause not only during the course of employment but it is arising out of employment also to get compensation under the Act. It is also held that if it is proved that the accident occurred during the course of employment, it is the duty of the employer to prove that it is not arising out of M.F.A.No.933 of 2002 2 employment. In this case, after considering the medical evidence, Commissioner on facts and evidence found that accidental fall and resultant personal injury arose out of employment and even if he had any disease, his fall during the course of employment has accelerated the disease. Therefore, it is a finding of fact by the Commissioner after discussing the evidence in detail and it cannot be stated that his personal injuries was not connected with the employment and it is not arising out of employment. We agree with the above view. Therefore no interference is called for in the appeal and accordingly, the appeal is dismissed. It is also noted that during the pendency of the appeal the 1st respondent died and his legal representatives were impleaded . The amount payable to him can be disbursed to the legal representatives according to law. J.B.KOSHY, ACTING CHIEF JUSTICE THOMAS P.JOSEPH, JUDGE bkn/-