IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 17 of 2008() -------------------- WCC.49/2002 of W.C.C.,ERNAKULAM .................... APPELLANT: 2ND OPPOSITE PARTY: ------------------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE II, JEWEL ARCADE, LAYAM ROAD, COCHIN 682 011, REPRESENTED BY THE AUTHORISED SIGNATORY, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, COCHIN 682 018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS: APPLICANTS & 1ST & 3RD OPPOSITE PARTIES: ----------------------------------------------------------------------------------------------- 1. THANKAM, W/O.GEORGE, VALATH HOUSE, SAFALYAM, PERIKKAPALAM, U.C.COLLEGE P.O., ALUVA. 2. DOON,(MINOR), S/O.GEORGE, VALATH HOUSE, SAFALYAM, PERIKKAPALAM, U.C.COLLEGE P.O., ALUVA. REPRESENTED BY THE 1ST RESPONDENT (MOTHER) AS NEXT FRIEND AND GUARDIAN. 3. RON,(MINOR), S/O.GEORGE, VALATH HOUSE, SAFALYAM, PERIKKAPALAM, U.C.COLLEGE P.O., ALUVA. REPRESENTED BY THE 1ST RESPONDENT (MOTHER) AS NEXT FRIEND AND GUARDIAN. 4. PHILOMINA, M/O.GEORGE, VALATH HOUSE, SAFALYAM, PERIKKAPALAM, U.C.COLLEGE P.O., ALUVA. 5. DILEEP, VALAPPATTIL HOUSE, DESOM KADAVU, THOTTAKKATTUKARA, ALUVA. 6. THE NEW INDIA ASSURANCE CO. LTD., 92, G.N., CHETTY ROAD, T.NAGAR, CHENNAI-600017. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.(W.C.Act)No.17 OF 2008 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . Dependants of a deceased driver of a car which was involved in an accident filed an application for compensation under the Workmen's Compensation Act. The driver of the car sustained fatal injuries in the accident. Commissioner awarded a compensation and insurance company is challenging the award in this appeal. The accident, death of the driver in the accident, coverage of insurance of the car etc. are not denied. The only dispute is that the deceased was a friend of the owner of the vehicle and he was not a workman of the registered owner of the vehicle and, therefore, insurance company is not liable to pay compensation. It is further contended that only a paid driver is covered under the policy. This point was raised before the Commissioner for Workmen's Compensation also. Merely because in the F.I. Statement it was stated that the deceased was a friend of the registered owner, it cannot be stated that he was not an employee. The Commissioner also noticed that the deceased was wearing a black pant and Kakki shirt as per the inquest report. Usually, Kakki is the uniform of a driver. The evidence was analysed by the Commissioner. AW1, wife of the deceased, stated that the deceased was getting Rs.4,500/= as MFA.17/2008 2 salary from the owner of the car. After analysing evidence adduced in this case, Commissioner came to a finding of fact that the deceased was an employed person and he was a paid driver. It is a finding of fact entered by the Commissioner. An appeal under section 30 of the Workmen's Compensation Act is maintainable only if a question of law is raised. We are of the view that no substantial question of law is raised as Commissioner on evidence found that the deceased was a paid driver and accident occurred during the course of employment. The only other question mentioned is the award of 12% interest. It is a statutory rate of interest and we see no ground to interfere in the same. No substantial question of law is raised in the appeal. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks