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 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 MFA.No. 626 of 2003() --------------------- WCC.111/2000 of W.C.C.,ERNAKULAM .................... APPELLANT(S): 3RD OPPOSITE PARTY -------------------------------- KORATH JOSEPH, KOKADAMALIL HOUSE, MATTAKUZHI KARA, VARIKKOLI P.O. BY ADV. SRI.BABU CHERUKARA SRI.K.K.ALIAS RESPONDENT(S): OPPOSITE PARTIES 1 & 2/RESPONDENT/PETITIONER ----------------------------------------------------------- 1. K.T.VARGHESE, KANJIRAKATTU HOUSE, MURIYAMANGALAM KARA, MAMALA P.O., ERNAKULAM DISTRICT(DIED) 2. MARIYAKLUTTY VARGHESE, KANJIRAKKAATTU HOUSE, MURIYAMANGALAM KARA, MALA P.O., ERNAKULAM DISTRICT. 3. SMT. MARY, W/O.LATE DANIEL, MULLAMANGALATH VEETTIL, MAMALA P.O., MURIYAMANGALAM KARA, ERNAKULAM DISTRICT ADDL. 4. THANKAMMA VARGHESE (SARAMMA PAULOSE), IKKARAVELIL HOUSE, KUREEKADU P.O, CHOTTANIKARA P.O. ADDL. 5. SOSAMMA VARGHESE (MOLY GEORGE), VARGASSERY HOUSE, IRUMPANAM P.O., CHITRAPUZHA. ADDL. 6. ELIZABETH VARGHESE (OMANA EBRAHAM), KANJIRATHINGAL HOUSE, THIRUVANKULAM P.O., ERNAKULAM DIST. ADDL. 7. MARY VARGHESE (GEORGE), VIRIPPUKALAYIL, IRUMPANAM P.O., PALACE GARDEN, KARINGACHIRA, ERNAKULAM. ADDL. 8. SIDHULAL GEORGE, PEOPLE'S URBAN CO-OPERATIVE BANK, THIRUVAMKULAM P.O., ERNAKULAM. ADDL. 9. SIJU LAL GEORGE, KINATTINGAL HOUSE, NEAR MARKET, THIRUPUNITHURA P.O., ERNAKULAM. ADDL. RESPONDENTS 4 TO 9 ARE IMPLEADED AS LRS OF DECEASED FIRST RESPONDENT VIDE ORDER DATED 8.1.2008 ON I.A. 2446 OF 2007 R1 ,R2 & R4 TO R9 BY ADV. SRI.A.V.XAVIER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.F.A. No. 626 OF 2003 -------------------------------------------- Dated this the 16th day of September, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed against the award passed by the Workmen's Compensation Commissioner awarding a compensation of Rs. 78,683/- for the death of husband of the third respondent while in service of the appellant. We have heard counsel appearing for the appellant and have gone through the award passed by the Commissioner for Workmen's Compensation. The appellant's case is that he is only a lessee of the property where mining was going on and therefore the owner of the land is responsible for paying compensation. However, we find from the award that Workmen's Compensation Commissioner came to the conclusion that the appellant was the employer of the deceased based on lease agreement between the appellant and the owner of the land. Since appellant was operating the quary he is liable to pay compensation for the death of the employee who died while in service. 2 It is clear from the finding based on evidence in the award that the death occurred in the course of employment, and the compensation awarded is only reasonable amount of Rs. 78,683/- which is worked out based on the formula provided in the statute. We do not find any ground to interfere with the award of compensation for the death of a worker who died while in service of the appellant. Appeal is therefore devoid of any merit and is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3