SALMA Vs. THAMPI V.J

JUDGEMENT

(1.) The applicants in WCC No.532009 on the files of the Commissioner for Workmen Compensation (Deputy Labour Commissioner), Kottayam, (hereinafter referred to as Compensation Commissioner for short), have filed this appeal impugning the judgment of the said Court, as per which, their claim has been rejected holding that no evidence has been led by them to show that late Anwar - who is the husband of the 1st appellant and the father of appellants 2 and 3 - was employed by the first opposite party Sri.V.J.Thampi.

(2.) The appellants say that soon after the claim was preferred by them, the aforementioned Sri.V.J.Thampi also died and therefore, that they were unable to obtain any document to establish that late Anwar was employed by him. They, however, assert that evidence of the 1st appellant, while she was examined as AW1, is clear that her husband was employed by late V.J.Thampi and that this testimony of hers has not been impeached in any manner by the 2nd respondent-Insurance Company. The appellants thus contend that the Compensation Commissioner could not have dismissed their claim, holding that the relationship of employer-employee between late Anwar and late V.J.Thampi has not been established. On such assertions, the appellants pray that this appeal be allowed and the impugned order of the Compensation Commissioner be set aside.

(3.) I have heard Sri.Josekutty Mathew, learned counsel appearing for the appellant and Sri.P.K.Manoj Kumar, learned Standing Counsel appearing for the 2nd respondent- Insurance Company. There is no representation for the other respondents.