IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MFA.No. 98 of 2008() -------------------- WCC.398/2002 of W.C.C.,THRISSUR .................... APPELLANT/OPPOSITE PARTY --------------------------------------------- JOSE, S/O.SEBASTIAN, PUTHUSSERY KATTAALAN HOUSE, PERAMBRA VILLAGE, POTTA.(P.O.) BY ADV. SRI.C.K.ABDUL RAHIM SRI.K.A.SHAMSUDEEN RESPONDENTS/APPLICANTS ------------------------------------------ 1. ROSY, W/O.LATE JOSE, UKKRAN HOUSE, EDAKKUNNI VILLAGE, THAIKKATTUSSERY P.O, THRISSUR DISTRICT. 2. ROY, S/O.LATE JOSE, UKKRAN HOUSE, EDAKKUNNI VILLAGE, THAIKKATTUSSERY P.O, THRISSUR DISTRICT. 3. SEBY, S/O.LATE JOSE, UKKRAN HOUSE, EDAKKUNNI VILLAGE, THAIKKATTUSSERY P.O, THRISSUR DISTRICT. ADV. SRI.P.V.BABY FOR R3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.No. 98 of 2008 ORDER ON I.A. NO.1752/2008 IN MFA NO.98/2008 DISMISSED 12/11/2008. SD/- J.B.KOSHY, JUDGE SD/- THOMAS P.JOSEPH, JUDGE //TRUE COPY// P.S. TO JUDGE Rs/ J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. No. 98 of 2008 --------------------------------------- Dated this the 12th day of November, 2008 Judgment Koshy,J. This appeal is filed by the employer challenging the order of the Commissioner for Workmen's Compensation. It is the case of the claimant that husband of the first claimant sustained fatal injuries in an accident on 21.3.2002 during the course of employment. He was employed in the factory of the opposite party as a workman for the manufacturing and handling of explosives and making of crackers. A fire broke out and there was an explosion as a result of which the entire stock of crackers, raw materials used for making crackers and the factory itself were gutted in. It was contended that the deceased was getting Rs.6,000/- per month. The Commissioner found that the accident occurred during the course of employment and the dependents of the deceased are entitled to get compensation. One of the contentions raised by the appellant/opposite party is that he has taken general accident policy to his employees and the amount due under that policy was paid to M.F.A.No.98/2008 2 the claimants. According to the claimants, the policy was taken by the victim himself. In any event, the claims under the general accident policy cannot be adjusted in the claim under the Workmen's compensation. Workmen's compensation amount payable for death has to be deposited before the Commissioner as provided under section 8 of the Workmen's Compensation Act and it cannot be paid directly. Insurance policy under the Workmen's Compensationc Act and Janatha Personal Accident policy are entirely different. Since it is the case of the appellant that he has paid premium for the general accident policy, it cannot be contended that the deceased was not a workman employed by the appellant. The only remaining dispute is regarding the monthly income. The Commissioner has taken Rs.4,000/- as the monthly income against a claim of Rs.6,000/-. On that aspect alone, we are remanding the matter. Both parties can adduce evidence on that point considering the wage rate prevailing in Kerala in 2002. The Commissioner can disburse two-third of the amount deposited as per law. Balance should be disbursed only after final orders are passed by the Commissioner after remand. Parties shall appear M.F.A.No.98/2008 3 before the Commissioner for Workmen's Compensation, Thrissur on 16.12.2008. The appeal is allowed by way of remand. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A.No.98/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.No.98/2008 ------------------------------------- Judgment Date:12th November,2008