IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 MFA.(WCC).No.195 of 2007() --------------------- WCC.175/2003 of W.C.C.,THRISSUR .................... APPELLANT/2ND OPPOSITE PARTY: ----------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, IRINJALAKUDA, NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT/APPLICANT: ---------------------- M.S.GOPALAKRISHNAN, GOPIKA NIVAS, PUNNORCODE, PAZHAMATTOM P.O., ERNAKULAM DISTRICT. (NO RELIEFS ARE CLAIMED AGAINST THE IST OPPOSITE PARTY IN THE APPLICATION AND HENCE HE IS NOT MADE A PARTY IN THIS APPEAL). BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.(WCC)No.195 OF 2007 ------------------------------------- Dated 1st April, 2008 JUDGMENT Koshy,J . Appellant insurance company is questioning the quantum of compensation and interest awarded by the Commissioner for Workmen's Compensation in W.C.C.No.175 of 2003. The respondent in this case sustained personal injuries in an accident during the course of employment and he claimed compensation. His employer who is not made as a party in this appeal by the insurance company filed a written statement before the Commissioner saying that the monthly income of the claimant was Rs.3,000/=, but, Commissioner has taken Rs.3,900/= as the monthly income. He was a heavy vehicle driver. A lorry driver with heavy vehicle licence and badge will definitely get more than Rs.2,000/= per month. Therefore, Rs.3,900/= fixed by the Commissioner is not excessive. Even though employer has stated that the monthly income of the claimant was Rs.3,000/=, he did not produce any evidence for the same. That remained as a statement. Monthly income of Rs.3,900/= fixed by the Commissioner needs no interference. At the request of the MFA(W.C.C)No..195/2007 2 appellant insurance company the claimant was referred to medical board and medical board certified 50% loss of earning capacity. Hence, Commissioner has calculated compensation for 50% loss of earning capacity. The claimant sustained the following injuries: “1) Pain and tenderness of right knee. 2) Wasting of both quadriceps muscle more on left quadriceps. 3) Southern rotation flap at the upper 3rd of right leg. 4) Pain and tenderness of left wrist. 5) Extension lag of left knee. 6) Partial ankylosis (a) of left knee motion limited to an arc from 35o to 90o flexion (b) of right knee motion limited to an arch from 180o to 90o flexion (c) of left wrist motion limited to an arc from 45o dorsiflexion to 15o palmar flexion. 7) Grip with left hand is weak.” Being a heavy vehicle driver, the injuries suffered by him will certainly affect his earning capacity. Even though according to the claimant there is 100% loss of earning capacity, Commissioner awarded compensation for 50% loss of earning capacity assessed by the medical board. Statutory interest was awarded as provided under section 4A of the Workmen's Compensation Act. In the above MFA(W.C.C)No..195/2007 3 circumstances, we are of the opinion that no interference is required in the impugned order. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks