IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 MFA.No. 182 of 2008() --------------------- WCC.224/2001 of W.C.C.,THRISSUR .................... APPELLANT: RESPONDENT NO.2. ------------------------------ THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, ANUGRAHA COMPLEX, WADAKKANCHERY ROAD, KUNNAMKULAM REPRESENTED BY IT'S MANAGER. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS: PETITIONER AND RESPONDENT NO.1 --------------------------------------------- 1. SREEDHARAN S/O.CHEROTTAN, MULAYAMKODATH HOUSE, P.O.KECHERY, THRISSUR DISTRICT. 2. PRAKASH, S/O.JOSEPH, CHOONDAKARAN HOUSE, NEAR ERANELLUR CHURCH,KECHERY, THRISSUR. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. (WCC) No.182 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011 JUDGMENT K.M. Joseph J., This appeal is filed by the appellant/Insurer against the order of the Workmen's Compensation Commissioner, Thrissur allowing the application filed by the first respondent herein and directing payment of compensation of Rs.1,00,647/- together with simple interest @ 12% per annum. 2. We heard learned counsel for the appellant and learned counsel for the first respondent. 3. The main contention raised before this Court by the learned counsel for the appellant is that the claimant was not employed under the 2nd respondent and that he was actually working with Kerala Water Authority. Though this contention was raised, it was not considered by the Commissioner, it is submitted. The learned counsel for the appellant had produced Ext.M2, a copy M.F.A. No.182 of 2008 :2: of a communication issued by the Asst. Engineer, Kerala Water Authority to show that the claimant was working as a Grade III Overseer in Kerala Water Authority. 4. The following is the finding rendered by the Workmen's Compensation Commissioner, in this regard: “Ext.A3 is discharge summary obtained from Amala Cancer Hospital & Research Centre, Thrissur and it shows that the applicant was brought in that hospital on 6.1.2001. Ext.A2 is wound certificate from Amala Cancer Hospital & Research Centre, Thrissur and it shows that the applicant was admitted in the hospital on 6.1.2001. Ext.A1 is a copy of Driving Licence of the applicant and it is valid at the time of accident. Ext.A5 is a copy of R.C. and the 1st opposite party owner of the vehicle was not disputed the claims of the applicant. Ext.A6 is copy of permit. In the absence of contra evidence and considering available evidence before me, I do not find anything to disbelieve the version of the applicant regarding the accident and employment on 6.1.2001 while driving the vehicle KL-8/A 6620. Therefore I decide that the applicant was a worksman as defined under Section 2(1)(n) of the Act and there M.F.A. No.182 of 2008 :3: was employer-employee relationship between the 1st opposite party and applicant and the accident arose out of and in the course of his employment. The above two issues decided accordingly.” 5. We notice that there is absolutely no reference even to Ext.M2. We feel that an order without vital evidence will give rise to a question of law. In such circumstances, we feel that the order passed by the Commissioner is inconsistent. 6. We set aside the order and remit back the same to the Commissioner. The Commissioner will proceed to decide the issue afresh with an opportunity to the parties. The parties to appear before the Commissioner on 27.9.2011. The Commissioner shall dispose of the matter within a period of three months from 27.9.2011. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/