IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 MFA.No. 685 of 2002() --------------------- WCC.373/2000 of W.C.C.,THRISSUR .................... APPELLANT/2ND OPP.PARTY: ------------------------- NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, PATTALAM ROAD, THRISSUR,REPRESENTED BY THE ASST.ADMN. OFFICER, REGIONAL OFFICE(MTPC), KOCHI. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS/APPLICANT AND OPP.PARTY-1: --------------------------------------- 1. BASHEER, S/O.HAMZA, THERVATHU HOUSE, MANDI, CHERANALLUR, VIA.KECHERI,THRISSUR DIST. 2. PRABHAKARAN, S/O.NATARAJAN, XXXVII/217, CHEMBUKAVU, THRISSUR. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.4076/2002 IN M.F.A.685/2002 DISMISSED. 2.4.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.685 OF 2002 ------------------------------------- Dated 2nd April, 2008 JUDGMENT Koshy,J . Appellant insurance company challenges the quantum of compensation awarded by the Commissioner for Workmen's Compensation in W.C.C.373/2000. The first respondent in this appeal, a stage carriage bus driver, sustained injuries in an accident during the course of employment. As a result of the accident, he sustained fracture of right wrist with crush injury cutting tendons. There was dislocation of right metacarpal phalanges joint and serious injury to left side of chest and abdomen apart from the multiple lacerated wound. He claimed an amount of Rs.2,49,576/-. According to the claimant, he is unable to do the work of a driver especially in a stage carriage bus. There was stiffness and pain of right wrist and due to chronic back pain, difficulty in sitting for a long time, even difficulty for urination and pain on both sides of the abdomen. Due to cutting of nerves he cannot drive the vehicle using the right hand. After examination, medical practitioner certified 30% loss of earning capacity. Commissioner accepted the same rejecting the claim that he has suffered 100% disability. Even though he was a bus driver, only Rs.2,000/= was taken as the monthly income MFA.685/2002 2 considering the statutory provisions relevant at the time of accident and compensation was calculated. We are of the view that compensation was calculated strictly as per the provisions of the Act. If the injury is not a schedule injury, as per Section 4(1)(c)(ii) Commissioner has to assess loss of earning capacity as certified by the qualified medical practitioner. Here, that was done and on the facts of the case, we see no ground to interfere with the award at the instance of the insurance company. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks