IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 MFA. (WCC). No. 146 of 2008 --------------------------------------- (AGAINST THE ORDER DATED 24.4.2008 IN W.C.C.NO.26 OF 1999 ON THE FILE OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION, KANNUR). .................... APPELLANT/1ST OPPOSITE PARTY: -------------------------------------------------- M.KRISHNAN NAIR, PATTENA, P.O.NILESHWAR , HOSDURG TALUK. (DIED). ADDITIONAL APPELLANTS: (2) SMT. P.V. NARAYANI, W/O. LATE M. KRISHNAN NAIR, SANGEETHA HOUSE, PATTENA, NILESHWAR P.O., KASARAGODE DISTRICT. PIN - 671 314. (3) SURESHAN P.V., S/O. LATE M. KRISHNAN NAIR, SANGEETHA HOUSE, PATTENA, NILESHWAR, KASARAGODE - PIN: 671 314. (4) RAJILA P.V., D/O.M. KRISHNAN NAIR, SANGEETHA HOUSE, PATTENA, NILESHWAR, KASARAGODE - PIN: 671 314. (ADDITIONAL APPELLANTS 2 TO 4 ARE IMPLEADED AS PER JUDGMENT DATED 03.10.2011). BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI. BENNY P. THOMAS SRI.ANIL D. NAIR RESPONDENTS/APPLICANTS & OPP. PARTIES 2 & 3: -------------------------------------------------------------------------- 1. KOTTELUMBAN, S/O. RAMAN, SARKARI, P.O.THAYANOOR, HOSDURG TALUK. 2. KUMBA,W/O. KOTTALUMBAN OF DO....DO... M.F.A.(WCC).NO. 146 OF 2008 3. BABU, S/O. KOTTALUMBAN OF DO....DO... 4. GOPI, S/O. KOTTALUMBAN OF DO....DO... 5. USHA,D/O. KOTTALUMBAN OF DO....DO... * 6. BALAN, S/O.KARI, KAKKOL KINANNOOR VILLAGE, HOSDURG TALUK. (DELETED) 7. THE UNITED INDIA INSURANCE CO.LTD RAHMATH SHOPPING COMPLEX, KANHANGAD. (THE NAME OF THE 6TH RESPONDENT IS DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 5.10.2010 IN IA. NO.2404/2010). ADV. SRI.KODOTH SREEDHARAN FOR R1-5 SRI.A.R.GEORGE FOR R7 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & C. T. RAVIKUMAR, JJ. ----------------------------------------- M.F.A.(WCC).NO.146 OF 2008 ------------------------------------------ Dated this the 3rd October, 2011 JUDGMENT K.M. Joseph, J. I.A. Nos.2321/11, 2581/11 & 2582/11 are allowed. 2. The Appeal is filed challenging the order passed by the Commissioner for Workmen's Compensation, Kannur in proceedings under Section 22 of the Workmen's Compensation Act. Originally, the Appeal was filed by the first opposite party. 2. The case of the applicants before the Commissioner was, briefly, as follows: Their predecessor workman was the driver of a lorry belonging to the first opposite party and he suffered injuries while in the course of employment to which he succumbed. MFA.(WCC).NO.146 OF 2008 A 2 Compensation was ordered against the first opposite party. He carried the matter in Appeal and this Court remanded the same for redoing it. The Commissioner has passed the impugned order reiterating the earlier stand that the insurer cannot be made liable. In the impugned order, the Commissioner noticed that after remand, no further evidence was adduced on the side of the appellant, even though he was given sufficient chance. It is found that the opposite party miserably failed to prove that the deceased workman was attached to the lorry. 3. We heard the learned counsel for the appellant. There is no dispute that the only Insurance Policy which was taken out by the first opposite party was a third party insurance within the meaning of Section 147 of the Motor Vehicles Act. There is no dispute that the deceased workman would not come within the four corners of the third party insurance. If that be so, there is no illegality committed by the Commissioner in fastening liability for paying the compensation on the employer and absolving the MFA.(WCC).NO.146 OF 2008 A 3 Insurance Company. It is also pointed out that the amount has been deposited and the principal amount was withdrawn. The Appeal fails and it is dismissed. Sd/= K.M. JOSEPH, JUDGE Sd/= C. T. RAVIKUMAR, JUDGE kbk. // True Copy// PS to Judge