IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MFA.No. 92 of 2005(A) ------------------------------ WCC.96/1997 of W.C.C., KANNUR .................... APPELLANT/OPPOSITE PARTY : --------------------------------------------- THE PROPRIETRIX-RESHMI FOAM, REP. BY ITS POWER OF ATTORNEY HOLDER I.V.NARAYANAN NAIR, NOW RESIDING AT `ANUGRAHA', KEECHERI P.O., PAPPINISSERI, KANNUR DIST. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT/APPLICANT : --------------------------------------- PRAMOD.K.M., S/O.K.N.RAMACHANDRAN, DAYA HOUSE, TEMPLE ROAD, P.O.CHERUKUNNU, KANNUR. BY ADV. SRI.P.V.SURENDRANATH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.No. 92 of 2005(A) ORDER ON I.A.NO.1646/2005 IN M.F.A.No. 92/2005 DISMISSED. 14.07.2008 SD/-, M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N.KRISHNAN, J. -------------------------- M.F.A. No. 92 OF 2005 --------------------- Dated this the 14th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Workmen's Compensation Commissioner, Kannur, in W.C.C. No.96/97. The respondent herein sustained injuries in an accident while working under the appellant herein. The appellant in the application even denied the factum that the respondent is a worker but admitted that he was a trainee. The fact that the respondent has sustained injuries is admitted because an amount of Rs.8,500/- had been given for treatment. Ultimately the Workmen's Compensation Commissioner found in favour of the employee, fixed his minimum wages at Rs.51.60 per day and calculated the disability at 48% and awarded a sum of Rs.87,047/-. It is against that decision, the present appeal is preferred. 2. The substantial question of law raised is that the Workmen's Compensation Commissioner has not taken into account the entire facts for arriving at the disability of 48%. The disability certificate would show that the Medical Board has considered the loss of working capacity of the person relating to the particular work which he was doing at the time of the accident. 3. Learned counsel for both sides in fairness submit before me MFA No.92/05 2 that this is the fourth round of litigation and a further round of litigation will cause only difficulty to both sides. So though it may not be 100% legal, to avoid a further two tier litigation, I had persuaded the counsel to accept a reasonable amount which I feel is proper. Under those circumstances I had taken the disability factor i.e. the loss of earning capacity at 35% and wage factor at Rs.1,300/- and when it is multiplied, it would come to Rs.61,425/- instead of Rs.87,047/-. So the respondent herein will be entitled to Rs.61,425/- with 12% interest from the date of accident i.e. 28.5.96. In the result, the MFA is partly allowed and the claimant is entitled to a compensation of Rs.61,425/- with 12 % interest on the said sum from 28.5.96. The appellant herein is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. If it is already deposited and there is excess in deposit, it can be withdrawn by the appellant. So also the claimant is entitled to withdraw the amount due to him. M.N.KRISHNAN, JUDGE vps MFA No.92/05 3