IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 MFA.No. 222 of 2009() --------------------- WCC.193/2006 of Commissioner for Workmen's Compensation,THRISSUR .................... APPELLANT(S): APPLICANT ---------------------------------------- C.L.BIJU, S/O.LONAPPAN, CHIRAYATH HOUSE, NEDUPUZHA P.O., THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): OPPOSITE PARTIES ---------------------------------------------------- 1. VINOD, S/O.RAVUNNI, KUTTANKULANGARA HOUSE, AYYANTHOLE, THRISSUR. 2. THE NATIONAL INSURANCE CO.LTD., REP. BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, THRISSUR. ADV. SRI.LAL GEORGE FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- M.F.A.(W.C.C.) No.222 of 2009 ----------------------------------------------- Dated 27th October, 2011. J U D G M E N T K.M.Joseph, J. We heard learned counsel for the appellant and the learned counsel on behalf of the second respondent. 2. This is a case where the appellant, who was the applicant in a proceeding under Section 22 of the Workmen's Compensation Act, has been awarded compensation on the basis that he suffered loss of earning capacity at 35% in an accident. The complaint is that the medical practitioner has certified the loss of earning capacity at 45%. According to the appellant, it should not have been reduced. 3. We notice that in fact, the Insurance Company had filed an application for referring the matter to the Medical Board. A counter affidavit was filed and after hearing the parties, the loss of earning capacity was reduced to 35%. We further notice that the fixation of loss of earning capacity is as an autorickshaw driver. The following disabilities are noted : (1) Vertigo and loss of memory. (2) Persistent Headache. (3) Cloudiness of consciousness. MFA 222/09 2 (4) Numbness and pain both hands were present. (5) Difficulty to drive autorickshaw. (6) Difficulty to perform manual labour. (7) Vision both eyes diminished. (8) Hearing is also affected - unfit for driving. Permanent disability (body as a whole) is 18%. 35% is however given as percentage of loss of earning capacity. Having heard the learned counsel for the appellant, we do not think that there is any case made out for interference, in the facts of this case. Accordingly, we dismiss the appeal. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.