IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MFA.No. 52 of 2004() -------------------- WCC.30/2002 of W.C.C.,ERNAKULAM .................... APPELLANT(S): OPPOSITE PARTY: ----------------------------- V.A. AUGUSTINE, PROPRIETOR, ANTISON ENGINEERING WORKS, PALLURUTHY, KOCHI-6. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.RAMACHANDRAN (PALAKKAD) SRI.S.MURALI RESPONDENT(S): APPLICANT: ------------------------- K.S. AJAYAN, SON OF SARAVANAN, KALATHIPARAMBIL HOUSE, KADEBHAGAM, PALLURUTHY. ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A. No.52 of 2004 ----------------------------------------- Dated this the 6th day of October, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed by the appellant challenging the award of the Workmen's Compensation Commissioner on the ground that the appellant is not the employer of the respondent. We have heard counsel appearing for both the parties. We agree with the Commissioner's finding that the respondent was an employee of the appellant because the respondent has given oral evidence to the effect that the appellant had taken him to Thalassery for doing some work mainly for excavating soil near the work site. We find that the appellant rests his case only on the discrepancies in the oral evidence of the respondent. Besides, the oral testimony, in fact the accident happened at the work site at Thalassery. We also notice the fact that the appellant and respondent belong to the same place which is more than 200 kilometers south of the place of accident. Respondent's engagement in a far away place is originally arranged by the appellant. Considering the evidence relied on by the Commissioner and the circumstances that led to the accident, we do not find any ground to interfere with the findings entered by the workmen's Compensation Commissioner. This appeal is consequently dismissed. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.F.A. No.52 of 2004 ---------------------------- JUDGMENT 16th October , 2008