Rajan.G v. Leela
Case brief
What is this about?
Appeal against an award of workmen compensation for death arising out of employment. Court upheld liability but held statutory wage cap at ₹2,000. Due to over ten years pendency, reduced interest rate after a specific date.
What did the court decide?
Compensation of ₹2,24,000 allowed with 12% interest until 05/12/2003 and 7.5% thereafter until deposit date.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 13TH DAY OF JUNE 2014/23RD JYAISHTA, 1936
MFA.No. 117 of 2012
AGAINST THE ORDER/JUDGMENT IN WCC 43/2001 OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION, TVM, DATED 14/2/2012
APPELLANT/1ST OPPOSITE PARTY:
RAJAN.G, S/O. GANDADHARAN, PRA 157, POTTAKKUZHI.P.O., PATTOM, THIRUVANANTHAPURAM.
BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTINE SRI.SEBIN THOMAS SRI.PRATHAP PILLAI SRI.I.J.AUGUSTINE
RESPONDENTS/APAPLICANTS 1 TO 3 & 2nd & 3rd OPP.PARTY:
- LEELA, D/O. CHELLAMMA, ROADARIKATHU VEEDU, VALIKONAM, VATTAPPARA.P.O., VETTINAD MURI, VEMBAYAM VILLAGE, THIRUVANANTHAPURAM.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the Commissioner finding that the deceased was a worker and the accident arose out of employment.
Whether the appellate court should modify the quantum of compensation and the interest payable given the prolonged pendency of the claim.
Parties & counsel
- respondent
RAJAN.G
- appellant
LEELA AND OTHERS
Coram
HARUN-UL-RASHID
Case details
As recorded by the court registry
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