IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 MFA.No. 145 of 2009(A) --------------------- WCC.232/2000 of W.C.C.,KOZHIKODE .................... APPELLANT(S): -------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, KOZHIKODE NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): APPLICANT ------------------------ SURENDRAN,S/O.KRISHNAN NAIR, KANDIYIL HOUSE, KAYALAM P.O.(VIA) MAVOOR, KOZHIKODE. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. (W.C.C.) NO: 145 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd Day of June, 2009. JUDGMENT Joseph J. This is an appeal filed under Section 30 of the Workmen's Compensation Act. The application filed by the first respondent under Section 22 has been allowed in a sum of Rs.1,22,310/- and the appellant has been called upon to deposit the amount with interest at 12% from the date of the accident. 2. Learned counsel for the appellant, Insurance Company would seek to urge that the Commissioner ought not to have awarded the compensation on the basis that there was 50% occupational disability. We find that the Commissioner has found that the injuries are scheduled injuries coming under Schedule I, Part - II, Sl. No.20 of the Workmen's Compensation Act. This would constitute 50% occupational disability. We find that the claimant has examined himself as AW1 and adduced evidence in M.F.A. (W.C.C.) NO: 145 OF 2009 : 2 : the form of Ext. A2 Accident Register-cum-Wound Certificate and Ext.A3 Discharge book of the Medical College Hospital. In a case where the injury is scheduled injury, there is no need for any medical certificate showing the loss of earning capacity, as it is fixed under the Act itself. As to whether it was a scheduled injury, is a question of fact and there appears to be evidence in support of the same. 3. The further question of law purportedly raised is the liability of the Insurance Company to pay the interest from the date of the accident. This issue, we have already taken the view, can no longer be treated as a substantial question of law, in view of the fact that the Division Bench of this Court in National Insurance Company Ltd. Vs. Rekha (2007(4) KLT 386) has taken the view that in the light of the earlier larger Bench decision of the Apex Court, the later decision of the smaller Bench would not prevail and in accordance with the view of the larger Bench, it cannot be said that the direction of the Commissioner to M.F.A. (W.C.C.) NO: 145 OF 2009 : 3 : the appellant to pay the amount with 12% interest from the date of accident is in any way illegal. No substantial question of law arises for consideration. The Appeal is without any merit and it is dismissed. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/