IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 MFA.No. 221 of 2007() --------------------- WCC.41/1999 of W.C.C.,KOLLAM .................... APPELLANT: ---------------- THE MANAGING DIRECTOR STATE FARMING CORPORATION LTD FARM HOUSE, NALLIPPALLY, PUNALUR. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: ------------- C.RADHAKRISHNAN NAIR,S/O CHELLAPPAN NAIR EMARATHU VEEDU, KALANJOOR VILLAGE, ADOOR. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.221 of 2007 ----------------------------------------- Dated this the 1st day of January, 2008 JUDGMENT Koshy, J. One of the workmen, employed by the appellant, while removing the latex in the container attached to the rubber tree sustained injuries, when something was exploded in the container. He claimed Rs.2,00,000/- as compensation. It is contended by the appellant before the Commissioner for Workmen Compensation that they are not using any explosives in the estate and the accident occurred on a suspicious circumstance. It is not disputed that the accident occurred during the course of employment and the explosion took place while the applicant was collecting latex. Even though he claimed Rs.2,00,000/- as compensation, considering the scheduled injury, only Rs.50,692/- along with statutory interest was awarded as compensation, taking 44% as the loss of earning capacity. In the written statement itself the appellant contended that they are ready to pay reasonable compensation as per law. In these circumstances, we are of view that no substantial question of law arises and the appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. 2 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.221 of 2007 ------------------------------ JUDGMENT 1.1.2008