IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 MFA.No. 43 of 2009() ---------------------------- W.C.C. NO.171/03 OF COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), THRISSUR. ......... APPELLANT(S): ----------------------- THE ORIENTAL INSURANCE CO. LTD., PALAKKAD, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI -18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): ------------------------ 1. REJI K.M., S/O. MATHAI, KANJIRATHUMKUDY HOUSE, VALKAMBU, P.O. KORANCHIRA, (VIA) KIZHAKKANCHERY, PALAKKAD DIST. 2. AMINI, W/O. BABY, NELLIKUZHY HOUSE, KIZHAKKE KOTTA, THRISSUR. R1 BY ADV. SRI.V.BINOY RAM THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.529/2009 IN MFA. NO.43/2009 DISMISSED 31/05/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A. NO. 43 OF 2009 = = = = = = = = = = = = = = = Dated this the 31st day of May, 2010. J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Thrissur in W.C.C. 171/03. The Compensation Commissioner found that the applicant was an employee under the first opposite party and awarded him a compensation of Rs.86,141/-. It is against that decision the insurance company has come up in appeal. When an application is filed under the Workman's Compensation Act, in order to entitle a person to get compensation the first ingredient to be established is the employer-employee relationship. Here is a case where there is a dispute with respect to the same. When immediately after the accident the applicant and his wife were questioned by the police and when their 161 Cr.P.C. statement was recorded by the police M.F.A.. 43 OF 2009 -:2:- it is seen that the applicant had submitted before the police that he had purchased the vehicle but on account of the non payment of the hire purchase amount the registration has not been transferred. When the wife was examined she had submitted that they were travelling in his vehicle. It is a settled principle that in order to prove ownership the party has to adduce satisfactory evidence. Now, when there is an admission it has to be also taken into consideration. There are a catena of decisions which hold that when a vehicle is sold the transfer of registration is only a subsequent act after sale. For sale of a movable property payment of consideration coupled with handing over of possession will amount to divestiture of title and when such a thing is proved the person who has purchased the property will become the owner of the property. There are also guidelines to be followed so far as the acceptability of 161 statements are concerned. But it is a settled principle that in criminal law 161 statement can be made use of only for the purpose of contradiction and nothing else. But in a civil case M.F.A.. 43 OF 2009 -:3:- it can be looked into as a valid piece of document provided it is properly proved. Or in other words the statement recorded has to be put to the person who had made it and if it is denied then the person who has recorded the statement has to be examined and that portion will have to be marked. Similarly, an admission made can always be explained by the parties as well. So taking into consideration all these aspects the materials have to be analysed in order to arrive at a decision. But the mater has not been deal with in that method and therefore the order requires interference. Therefore the order under challenge is set aside and the matter is remitted back to the Compensation Commissioner with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The Commissioner is directed to issue notice to the parties intimating about the date of hearing. Till a final decision is taken if the amount is in deposit let that amount be in deposit. The question of interest that also M.F.A.. 43 OF 2009 -:4:- may be determined in accordance with law as on the decision. M.N. KRISHNAN, JUDGE. ul/-