IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MFA.No. 404 of 2002(D) --------------------------------- WCC.14/1996 of COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER),KOTTAYAM .................... APPELLANT: APPLICANT(WORKMAN) ------------------ P.G.JANARDHANAN NAIR, PARAKKATHANATHU HOUSE,MANJOOR P.O.,KOTTAYAM. BY ADV. SRI.RAJEEV V.KURUP RESPONDENTS: OPPOSITE PARTIES ----------------------- 1. THE PAINGODU KAZHALACHIRA KANTATU PADOM, NELLULPADAKA SAMATHY, (REG.NO.756/90) MANJOOR, REPRESENTED BY ITS PRESIDENT. 2. THE PAINGODU,KAZHALACHIRA, DO. DO. DO. REPRESENTED BY ITS SECRETARY. 3. THE NATIONAL INSURANCE COMPANY LIMITED REPRESENTED BY ITS BRANCH MANAGER, THRIPUNITHURA BRANCH,27/XVI, MARKET JUNCTION,THRIPUNITHURA. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- M.F.A.No.404 OF 2002 ------------------------------------- Dated 1st September, 2008 JUDGMENT Koshy,J . The appellant/claimant sustained injuries in a motor accident while working as a cleaner. He was aged above 65 years. He claimed compensation under the Workmen's Compensation Act. The Commissioner for Workmen's Compensaction found that compensation has to be granted only on the basis of the Act existing on the date of the accident as held by the Supreme Court in KSEB v. Valsala (AIR 1999 SC 3502). At the time of the accident, the maximum wages that can be taken for calculation was only Rs.1,000/=. The Tribunal has taken Rs.1,000/= as the monthly income. The injury sustained was a schedule injury. His right leg was amputated above knee at the middle of the femur. Under Schedule I, Part II, Item No.19, for amputation below middle thigh to 8.89 Cms., the percentage of loss of earning capacity fixed is 60%. The Commissioner has assessed compensation for 60% loss of earning capacity. Only 6% interest was awarded. It is contended that even though compensation should be granted on the basis of the provisions of the Act existing on the date of the accident, interest has to be given considering the date of payment. The impugned judgment was MFA.404/2002 2 passed only after the amendment of the Act. Therefore, 12% interest should be granted. Learned counsel for the insurance company submitted that there is an error in the calculation. Compensation has to be calculated multiplying 50% of the monthly wages by the relevant factor, instead of 60% taken by the Commissioner. That will offset the reduction in interest. Therefore, we see no ground to enhance the compensation. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks