IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 MFA.No. 1303 of 2002() ---------------------- WCC.91/1999 of W.C.C.,THRISSUR .................... APPELLANT: APPLICANTS ------------------------------------ 1. JOHNY, KOYIKKARA HOUSE, KALLUR-VADAKKUMMURI, ANNAMMANADA, MUKUNDAPURAM TALUK. 2. MARIYAMMA, W/O. JOHNY, RESIDING AT DO. DO. 3. K.J.JANSI D/O. JOHNY, RESIDING AT DO.DO. 4. K.J.XAVIER, S/O. JOHNY, RESIDING AT DO.DO. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH SRI.MATHEW GOPURAN SRI.JOSHY THANNICKAMATTAM RESPONDENTS: OPPOSITE PARTY --------------------------- JOMON JOSEPH S/O. C.M.JOSEPH, CHERAKKAD HOUSE, ARAKKUZHA P.O., MUVATTUPUZHA, ERNAKULAM. BY ADV. SRI.P.RAMAKRISHNAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21.2.2008, THE COURT ON 21/02/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1303 of 2002 ----------------------------------------- Dated this the 21st day of February, 2008 JUDGMENT Koshy, J. Claiming that son of the second appellant-second applicant met with accident and died in the course of employment, applicants filed application before the Commissioner of Workmen's Compensation. The claim was allowed ex-parte and later the ex- parte order was set aside and the matter was heard on merits and the Tribunal found that the employer-employee relationship was not proved and there was no evidence to show that a workman died in the course of employment under the respondent. Even though the Commissioner recommended payment on compassionate ground, the application was dismissed. The appeal was filed. One of the contentions is that the Tribunal should not have set aside the ex- parte order. However, on compassionate ground the respondent agreed to pay a substantial amount and in the open court an amount of Rs.2,50,000/- was paid. Second appellant mother of the deceased workman was present here and Rs.2,50,000/- was paid in open court to the second appellant through the counsel appearing for the MFA.1303/02 2 appellants and a receipt was also given for the amount. With regard to the merits of the case, we are of the view that no interference is required in the finding of fact and there is no substantial question of law is involved. However, the submission of the appellants and their counsel that no further claim will be raised whatsoever against the respondent is also recorded. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.1303/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 1303 OF 2002 ------------------------------ JUDGMENT 21.2.2008