This is a first appeal filed by an insurance company against a workmen's compensation award. The appellants relied on a recent Full Bench judgment to argue that no interference was required. The High Court dismissed the appeal, maintaining the original order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937
MFA.No. 82 of 2006 ( )
AGAINST THE ORER IN WCC 56/1999 of W.C.C.,THRISSUR
APPELLANT/SECOND OPPOSITE PARTY:
THE ORIENTAL INSURANCE CO. LTD., CHALAKUDY, REPRESENTED BY ITS ADMINISTRATIVE, OFFICER REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENTS/APPLICANT/FIRST OPPOSITE PARTY:
1. JOSE.M.V, S/O.VARGHESE, MECHERY HOUSE, ELIJIPRA.P.O, CHALAKUDY THRISSUR DISTRICT.
2. V.P.ANTONY,S/O.POULOSE, VATTOLY HOUSE, KANJIRAPPILLY, CHALAKUDY THRISSUR DISTRICT.
R1 BY ADV. SRI.JIJO PAUL
THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.
M.F.A.No.82 OF 2006
Dated this the 24th day of June, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal is filed by the Insurance Company aggrieved by the
order passed by the Commissioner for Workmen's Compensation in W.C.C.No.56/1999.
Company.
3.11.1998 to the date of deposit.
MFA No.82/2006
2
the legal issue raised in this case is covered against the appellant in view of the judgment of a Full Bench of this Court in United India
Insurance Company Ltd. v. Surendran ( 2015(1) KLT 45(F.B.).
In that view of the matter, no interference is called for. Accordingly, the appeal is dismissed. The interim order is vacated and we permit the applicant to withdraw the amount deposited. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE
K.P.JYOTHINDRANATH,JUDGE
sv.
2 issues framed by the court
Whether the award in the workmen's compensation case in United India Insurance Company Ltd. v. Surerendran covers the legal issue raised in the present appeal?
Whether the present appeal should be allowed in view of the cited Full Bench judgment?
Colour shows how this judgement treated each authority
United India Insurance Company Ltd. v. SurendranFollowed
United India Insurance Company Ltd. v. Surendran ( 2015(1) KLT 45(F.B.).
1 provisions across 1 enactments
THE ORIENTAL INSURANCE CO. LTD.
JOSE.M.V
V.P.ANTONY
T.R.RAMACHANDRAN NAIR
K.P.JYOTHINDRANATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
