IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 MFA.No. 207 of 2007() ------------------------------- WCC.158/2001 of W.C.C., KANNUR .................... APPELLANT: 2ND OPPOSITE PARTY --------------------------------------------------- THE NATIONAL INSURANCE COMPANY LTD., THRISSUR, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM, KOCHI - 35. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/ APPLICANTS/RESPONDENT/IST OPPOSITE PARTY ------------------------------------------------------------------------------------------------ 1. VADAKKE VALAPPIL AJITHA, W/O.RAMESHAN, JIBIN NIVAS, P.O.KOYYODE, KANNUR. 2. JILNA, D/O.V.V.AJITHA, JIBIN NIVAS, P.O.KOYYODE, KANNUR. 3. JIBIN, S/O.V.V.AJITHA, JIBIN NIVAS, P.O.KOYYODE, KANNUR. 4. MORAYI PANCHU, MORAYI HOUSE, P.O.CHALA EAST, KANNUR. 5. THE PRINCIPAL, BHARATHIYA VIDYA BHAVAN SENIOR SECONDARY SCHOOL, KANNUR. BY ADV. SRI.P.CHANDRASEKHAR - R1 SRI.P.M.SATHEESH - R1 SRI.P.M.PAREETH - R5 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.(WCC) No.207 OF 2007 ------------------------------------- Dated 30th June, 2008 JUDGMENT Koshy,J . A driver-cum-cleaner of a bus employed by Bharathiya Vidya Bhavan Senior Secondary School, Kannur reported duty on 20.3.2001 at 8 a.m.. At 10 a.m. his dead body was found in the well situated in the compound where the bus was usually kept. His wife and children approached the Commissioner for Workmen's Compensation contending that the accident arose out of the employment and he died in the course of employment. The police case shows that it is an unnatural death and according to the insurance company it was a suicide. In the final report there is no conclusion that it was a suicide, but, only stated that it was an unnatural death. Considering the evidence adduced in this case, the Commissioner found that the deceased reported duty at 8 a.m. as can be seen from the Acquittance Roll. Usually, driver-cum-cleaner of the school bus cleans the bus by taking water from the well in the compound where it is parked. His chappel was found near the well. So, the Commissioner accepted the evidence and the case of the claimants that while taking water for cleaning the bus, he fell down and the death arose out of employment. The only case of the insurance company was MFA(W.C.C).207/2007 2 that it was a case of suicide and it is not arising out of employment. That was found against the insurance company and the Commissioner awarded compensation. It is a finding of fact based on evidence. With regard to the monthly income, the Commissioner relied on acquittance roll and other documentary evidence and fixed Rs.2,800/= as his monthly income and compensation was calculated strictly as per the provisions of the Act. There is no substantial question of law arising under section 30 of the Workmen's Compensation Act. Therefore, no interference is required in the impugned judgment. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks