IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MFA.No. 654 of 2001(B) ---------------------- WCC.71/1997 of WORKMEN'S COMPENSATION COMMISSIONER, THIRUVANANTHAPURAM .................... APPELLANT(S): /FIRST OPPOSITE PARTY -------------- SASIDHARAN, CONTRACTOR, SITHARA, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): /APPLICANTS AND THIRD OPPOSITE PARTY --------------- 1. RETHINAM W/O.LATE KESAVAN NADAR, CHARUMKUZHY PUTHEN VEEDU, PERUMKADAVILA P.O.(VIS) NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 2. K.THANKARAJ, S/O.LATE KESAVAN NADAR, -DO- -DO- 3. THRESIA, D/O.KESAVAN NADAR, OD -DO- -DO- 4. MIKHAEL, S/O.LATE KESAVAN NADAR, -DO- -DO- 5. SUSEELA, D/O.LATE KESAVAN NADAR, -DO- -DO- 6. M/S.I\UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, C.W.C. BUILDINGS L.M.C. COMPOUND PALAYAM, THIRUVANANTHAPURAM ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R6 SRI.A.K.HARIDAS SRI.NAGARAJ NARAYANAN FOR R1,4 SRI.NAIR AJAY KRISHNAN FOR R1,4 SRI.U.RAJA KUMAR FOR R1,4 SRI.SAIJO HASSAN FOR R1,4 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.F.A.No.654 of 2001 -------------------------------------- Dated this the 27th day of November, 2008. JUDGMENT Koshy, J. Appellant is a registered PWD contractor. An employee working under him sustained fatal injuries in an accident on 24.6.1996 in the course of employment. Workmen's Compensation Commissioner awarded Rs.99,370/- with interest and directed the appellant to deposit the amount. Contention of the appellant is that the employee concerned was covered under a policy of insurance issued by the third opposite party before the Commissioner, M/s.United India Insurance Company Ltd. According to the Insurance Company, the appellant was a contractor and he has taken an insurance policy to cover the employees working in Medical College Campus, Statue and Secretariat. The Statue areas include the Secretariat, General Hospital, AKG Centre, etc. But the University College is situated beyond Spencer Junction. Third opposite party gave evidence to the effect that accident occurred in the University College Campus. Ext.D1, letter dated 20.6.1996 issued by the Assistant Executive Engineer, Public Works Department was produced. Commissioner also found that only after the policy was taken, the work in University College Campus was started. In the proposal form the work site is stated as Medical College Campus, Statue and Secretariat and in the certificate the work site is stated as 'Statue MFA No.654/2001 2 Trivandrum' only. After considering all evidence, Commissioner found that there was no valid insurance coverage for the employees working in the University College Campus during the relevant time. That is a finding of fact entered by the Commissioner. There is no substantial question of law involved in this case. Hence we dismiss the appeal. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks MFA No.654/2001 3 J.B.Koshy & Thomas P.Joseph, JJ. M.F.A.No.654 of 2001 JUDGMENT 27th November, 2008