IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 MFA.No. 647 of 2003(A) ---------------------- WCC.86/1995 of W.C.C.,KOTTAYAM .................... APPELLANT(S): APPLICANT ----------------------- 1. ANJALIDEVI W/O. LATE C.RAJIAH ALIAS C.RAJIAH PLUMBER, KOTAMALAI ESTATE, KOTTAMALAI, IDUKKI. 2. R.RAJENDRAN S/O. LATE RAJIAH, KOTTAMALAI ESTATE, KOTTAMALAI, IDUKKI 3. R.RAJESWARI D/O. LATE RAJIAH, KOTTAMALAI ESTATE, KOTTAMALAI, IDUKKI 4. R.REJINA D/O. LATE RAJIAH, KOTTAMALI ESTATE, KOTTAMALAI, IDUKKI BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): OPPOSITE PARTY ----------------------------- THE MANAGER, KOTTAMALAI ESTATE, KOTTAMALAI, IDUKKI ADV. SMT.S.K.DEVI SRI.M.RAJ MOHAN SRI.SANTHOSH P.ABRAHAM SRI.FRANKUR D.JAYAN SMT.DEEPSUR D.JAYAN SRI.K.P.PRADEEP (PAYYANNUR) SRI.SHANMUGHAM D. JAYAN SMT.P.K.MAYA DEVI THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.F.A. (W.C. Act) No. 647 OF 2003 -------------------------------------------- Dated this the 23rd day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed challenging the order issued by the Workmen's Compensation Commissioner declining compensation for the death of one worker whose dependants are the appellants herein. We have gone through the impugned order and have considered the contentions of both sides. It is seen from the order that the claim of the appellants was that the deceased died on account of stress on employment and in the course of employment. However, Workmen's Compensation Commissioner found that no evidence was adduced to prove that the deceased was on employment when he suffered heart and respiratory problem which, according to appellants, was on account of stress in employment, which led to his death. However, the case of the management was that the deceased on the date of death was on annual leave and he was not even employed on the day on which he developed heart problem which led to his death. It is seen from the order of the 2 Commissioner that the case put up by the claimants is that the deceased was put to strenuous employment during day and night to work as mechanic and plumber, strain of which led to heart problem and eventually to death. However, on going through the order, except the oral evidence and the interested testimony of the Secretary of the Union, to which the deceased belonged, there is no tenable evidence to prove that the deceased was on employment on the date of death and that he was put to work in different capacities during day and night as claimed by the appellants. On the other hand, the management's claim that he was on annual leave stands proved with evidence. In the circumstances, we find no ground to interfere with the order of the Workmen's Compensation Commissioner. Appeal is therefore dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3