IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 MFA.No. 656 of 2003() --------------------- WCC.51/2001 of WORKMEN'S COMPENSATION COMMISSION ,THRISSUR .................... APPELLANT(S): APPLICANT IN WCC: ------------------------------- RANJAN, S/O. SANKU, MUTHUPARAMBIL HOUSE, MANAKULANGARA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS(S): OPPOSITE PARTIES IN WCC: ---------------------------------------- 1. V.K.ARAVINDAN, VALIYAPARAMBIL HOUSE, MANAKULANGARA P.O., KODAKARA. 2. MANAGER, UNITED INDIA INSURANCE CO. LTD., IRINJALAKUDA. BY ADV. SRI.A.R.GEORGE FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THEA FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A No. 656 of 2003 ----------------------------------------- Dated this the 23rd day of September, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. Standing counsel for the Insurance Company submitted that the policy claimed by the appellant is an 'act only policy' and therefore the compensation must be in accordance with the Workmen's Compensation Act. The appellant's case is that the medical certificate shows his loss of earning capacity as 40%. But It was reduced by the Commissioner to 5% without giving any reasons. The standing counsel appearing for the Insurance Company submitted that the appellant was an auto rickshaw driver at the time of the accident and even now he continues to be so. Therefore according to him the rejection of the medical certificate and the reduction of the earning capacity to 5% by the Workmen's Commissioner is untenable. We are of the view that the appellant must be examined by a competent Medical Board. We accordingly set aside the award with a direction to the Workmen's Compensation Commissioner to refer the appellant for examination by a competent Medical Board and to decide the matter afresh after getting report/certificate from the Medical Board . This M.A.C.A. is disposed of. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. -2- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.F.A No. 656 of 2003 ---------------------------- JUDGMENT 23rd September , 2008