IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 MFA.No. 749 of 2002() --------------------- WCC.228/1996 of W.C.C., KANNUR .................... APPELLANT: CLAIMANT ------------------- V.A.GOPI, S/O.ACHUTHAN, AGED 45 YEARS, RESIDING AT VELLUMATHANATH HOUSE, KATTIKULAM POST, CHEROOR, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: (OPPOSITE-PARTIES) ------------------------------- 1. SIMON JOSEPH, S/O.K.C.JOSEPH, ST. JOSEPH'S WOOD INDUSTRIES, NALLORNADU, MANANTHAVADY POST. (R.C.OWNER OF KL-12/245 LORRY) 2. UNITED INDIA INSURNCE CO. LTD. MAIN ROAD, KALPETTA. (INSURER OF KL-12/245 LORRY, POLICY NUMBER 100306/31/21/3971/94 BY ADV. SRI.S.ARUN RAJ THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No. 749 of 2002 ------------------------------------------------ Dated this the 25h day of February, 2008 JUDGMENT Koshy, J: Appellant/petitioner met with an accident during the course of the employment. He produced a disability certificate Ext.A4 from the Medical Practitioner. As a result of the accident, he suffered fracture below knee of right leg. After considering the medical certificate produced by the claimant himself the Commissioner for Workmen's Compensation awarded compensation of Rs.9,337/-. Since the accident occurred before the amendment of the Workmen's Compensation Act, only Rs.1,000/- was taken as the monthly income and the compensation was calculated strictly as per the provisions of the Act. The only contention MFA 749/2002 2 raised is that the loss of earning capacity assessed by the Commissioner is not correct. Section 4(1)(c)(ii) of the Workmen's Compensation Act provides that the Commissioner should assess the loss of earning capacity considering the medical practitioner's assessment. That was done by the Commissioner. We see no ground to interfere in the award. The appeal is dismissed. J.B. KOSHY, JUDGE. K. HEMA, JUDGE. Krs. MFA 749/2002 3 J.B.Koshy & K.Hema,J J. - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No.749 of 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 25th February, 2007