IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 MFA.No. 223 of 2007(C) -------------------------------- WCC.65/2003 of COMMISSIONER FOR WORKMEN'S COMPENSATION, TVM. .................... APPELLANT/2ND OPPOSITE PARTY : --------------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., THIRUVANANTHAPURAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, 'SHARANYA', HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS/APPLICANT AND 1ST OPPOSITE PARTY : --------------------------------------------------------------------------------- 1. R. PRASAD, S/O. RAGHAVAN, KUNNUMPURATH VEEDU, TC-15/1512, HOUSE NO.57, M.B. APPAN ROAD, VAZHUTHACAUD,THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA AUTOMOBILES LIMITED, ARALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.P.A.AHAMED,SC,KERALA AUTOMOBILES LT - R2 SRI.THOUFEEK AHAMED - R2 SRI.VAZHUTHACAUD R.NARENDRAN NAIR - R1 SRI.R.T.PRADEEP - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.No. 223 of 2007 ORDER IN I.A.NO.3111/2007 IN M.F.A. NO.223/2007 DISMISSED. SD/- 03.07.2008 M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N.KRISHNAN, J. ------------------------------ M.F.A.(W.C.C) No. 223 of 2007 ------------------------------ Dated this the 3rd day of July, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident claims Tribunal, Thiruvananthapuram in W.C.C No. 65 of 2003. The claimant sustained injuries in an accident and sustained fracture of humerus and other injuries etc. The tribunal took the income at Rs. 2,000/- and fixed the percentage of disability at 8% for the purpose of calculating the compensation and awarded Rs.30,684/-. The disability certificate issued only shows permanent disability at 4%. The learned counsel for the insurance Company strongly contended before me that under Section 4(1)(c) of the Workmen's Compensation Act, the tribunal cannot arbitrarily arrive at the percentage of disability, but it must be on the basis of a medical document or evidence. Therefore, there is considerable force in the said contention established in the light of the fact that it is against the well settled positions. In the absence of any other material evidence, this court fixes the disability at 4% arrived at M.F.A.(W.C.C) No. 223/ 2007 Page numbers by the doctor and work out the compensation. When it is worked out it would come to Rs.15342/-. 2. Learned counsel for the Insurance Company would contend that there was personal policy for the claimant taken by the owner and therefore there is a bar in claiming this compensation. The present policy is a statutory policy intended to cover the risk of the workers under the Workmen's Compensation Act and therefore the said coverage cannot be defeated by taking another policy. So the said contention is negatived. So far as the interest is concerned, this court has taken the view that the interest must be given from the date of the accident and i.e what the Workmen's commission has done, that also does not call for any inference. In the result, the M.F.A is disposed of and the claimant is awarded a sum of Rs. 15342/- with simple interest at 12% from the date of accident. i.e 30/01/2003 to the date of the payment of the amount. The insurance company is liable to pay the amount. If the Insurance Company has deposited the entire amount they will be entitled to get reimbursement of the balance amount so deposited. The claimant is M.F.A.(W.C.C) No. 223/ 2007 Page numbers entitled to withdraw the amount awarded in his favour . The appeal is disposed of accordingly. M. N. KRISHNAN, JUDGE scm