IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 MFA.No. 293 of 2003() --------------------- WCC.90/1992 of W.C.C., KANNUR .................... APPELLANT: APPLICANT -------------------- MOIDEEN, THALAYIL HOUSE, CHULLIODE, NENMENI AMSOM, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH SRI.RONY J.PALLATH RESPONDENTS: OPP.PARTIES 1 & II ------------------------------- 1. T.S.MOHAMMED HARID, KOLIYAMPADY HOUSE, KARIYAMBADY P.O.MEENANGADI, WAYANAD DISTRICT. 2. UNITED INDIA INSURANCE COMPANY LTD DIVISISIONAL OFFICE, KOZHIKODE. BY ADV. SRI.MOHAMMED RAFIQ SRI.P.V.JYOTHI PRASAD THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21.2.2008, THE COURT ON 21/02/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.293 of 2003 ----------------------------------------- Dated this the 21st day of February, 2008 JUDGMENT Koshy, J. Applicant met with an accident and suffered personal injuries during the course of employment. He approached the Commissioner for Workmen's Compensation against the assessment of compensation. Commissioner awarded compensation without any materials. The parties approached this Court and this Court remanded the matter for calculating the compensation after assessment by the Medical Board. The accident occurred in 1990. The Medical Board assessed 70% disability and on the basis of the disability certificate issued by the Medical Board, the Commissioner awarded compensation of Rs.71,347.50 and directed the Insurance Company to deposit the amount with 6% interest over and above the compensation awarded by the Commissioner. Rs.80,980/- was already deposited and the additional amount found was Rs.4,536/-. The Commissioner directed the Insurance Company to deposit the additional amount within 30 days from the date of receipt of the order and failing which, ordered to realize the said amount by MFA.293/03 2 revenue recovery proceedings with 12% interest. We are of opinion that no interference is required in the award passed by the Commissioner as the accident occurred in 1990. Before the amendment of the Workmen's Compensation Act by Act 3 of 1995 maximum salary that can be taken for calculation was Rs.1,000/- (See K.S.E.B. V. Valsala, AIR 1999 SC 3502). Compensation was calculated as per the provisions of the Workmen's Compensation Act and there is no infirmity in the award. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. Corrected. MFA.293/03 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 293 of 2003 ------------------------------ JUDGMENT 21.2.2008