The Ernakulam Permanent Lok Adalat has directed New India Assurance company to pay a compensation of ₹4.94 lakh to a worker who was injured during the construction of Kochi Metro Rail project in the city in 2015.
The adalat passed the verdict on a petition filed by Sakthidharan P.K. of Kadvanthra, seeking compensation. According to him, he was working as a welder in Soma Enterprises Limited which had undertaken the construction of the metro rail project. While the petitioner was on duty at the work site near Fathima Church, Elamkulam on February 11, 2015, two iron sheets hooked to the a crane fell down and hit him on the back. As a result, he had to undergo medical treatment for a long time and even now he was unable to undertake any job.
The construction company, while opposing the plea, argued that the petitioner was eligible to get a compensation only under the employees insurance policy issued by the insurance company as per the provisions of the Employees’ Compensation Act. Therefore, the commissioner for the employees compensation/workmen compensation commissioner alone had the jurisdiction to determine the compensation. Besides, he had not suffered any permanent injury. Therefore, the petition should be dismissed.
The insurance company also took the stand that the petitioner was only entitled to get the compensation as per the provisions of the Employees’ Compensation Act. The petitioner could approach the workmen compensation commissioner for getting the compensation. The Lok Adalat had no jurisdiction to entertain his petition.
The adalat, while holding that it had the authority to award compensation, directed the insurance company to pay the compensation with 9 per cent interest on the amount from the date of filing of the petition.
