IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MFA.No. 65 of 2004() -------------------- WCC.162/1999 of W.C.C.,KOZHIKODE .................... APPELLANT(S): APPLICANT: ------------------------ V. RAJAGOPALAN, S/O. V.K. MADHAVAN NAIRV ENNARAMMAAVIL HOUSE, KOZHIKODE. BY ADV. SRI.C.M.ABRAHAM (CHALAMADAM) RESPONDENT(S): OPPOSITE PARTIES: -------------------------------- 1. P. KUNHIMUTTY, S/O. YUSAF, STRAW MERCHANT, 19/744, MOORIYAD, KOZHIKODE-673 002. 2. M/S. NEW INDIA ASSURANCE COMPANY LTD., TRIPURI BUILDINGS, EAST NADAKKAVU, KOZHIKODE-11. ADV. SRI.RENI ANTO KANDAMKULATHY FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.F.A. No. 65 OF 2004 -------------------------------------------- Dated this the 7th day of October, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. Appeal is filed against the award of the Workmen's Compensation Commissioner granting compensation of Rs. 39497/- for the injury sustained by the appellant in a road accident. Appellant while working as driver of a lorry sustained injuries when an autorikshaw hit him while standing near the truck supervising loading activities. The insurance company admits the policy but opposes enhancement on the ground that compensation is granted by the Workmen's Compensation Commissioner based on disability certified by the doctor. However, counsel for the appellant has referred to evidence given by the doctor stating that even though disability for the appellant is certified at 25% he may not be able to continue the work as driver of a heavy vehicle. We find force in this contention because 2 injuries sustained were to the head and the doctor apprehends future problems for the appellant. Further, the income taken as Rs. 1500/- is also not tenable because appellant's evidence shows that he was getting much more than Rs. 1500/- per month as a lorry driver. Considering the contentions raised by the appellant, we feel enhancement is called for both on income and on per centage disability. Having regard to all these, particularly the evidence of the doctor, we grant additional compensation of Rs. 25,000/- with direction to the insurance company to deposit the additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3