IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 MFA.No. (W.A.Act) No.215 of 2009() --------------------- WCC.483/2003 of W.C.C.,THRISSUR .................... APPELLANT(S): OPPOSITE PARTY: ---------------------------------------------------- JOJO JOSEPH, PROPRIETAR ST.MICHAIL'S OIL MILL, VELLIKULANGARA PO,THRISSUR DISTRICT. BY ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.ANIL D. NAIR. RESPONDENT(S): APPLICANT: ----------------------------------------------- PAULOSE S/O.MATHAI, VELLAMPARAYIL HOUSE, VELLIKULANGARA PO, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR), MR.K.RAVI (PARIYARATH). THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2419/2009 IN MFA (WC ACT)NO.215/2009 DISMISSED 12/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A. NO. 215 OF 2009 = = = = = = = = = = = = = = = Dated this the 12th day of January, 2010. J U D G M E N T This appeal is preferred against the order of the Workmen's Compensation Commissioner, Thrissur in W.C.C.483/03. The workman sustained employment injury during the course of employment and the Compensation Commissioner assessed the disability at 45% as the loss of earning capacity and awarded a sum of Rs.96,722/-. It has to be stated that this man had lost thumb as well as index fingers and there were other injuries as well and that is why most probably the Workmen's Compensation Commissioner did not confine his findings to the schedule injuries alone but also the other injuries which will come under other provisions of the Act. Therefore I do not want to disturb the percentage of loss of earning capacity of 45% and it is supported by a medical document. But it is seen that the employer has spent Rs.10,000/- towards medical expenses. Whatever one spent towards medical expenses need not be reimbursed but M.F.A. 215 OF 2009 -:2:- an amount of Rs.25,000/- which is paid towards compensation has to be adjusted. So when it is adjusted the amount due would be Rs.71,722 with 12% on the said sum per annum from 12.5.2002 to the date of deposit. So this is the entitlement of the claimant and if there is any excess deposit let it be reimbursed to the appellant herein on appropriate application. M.N. KRISHNAN, JUDGE. ul/-