IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MFA.No. 479 of 2001(B) --------------------------------- WCC.54/1996 of W.C.C.,ERNAKULAM .................... APPELLANT/3RD OPPOSITE PARTY IN W.C.C. ----------------------------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., PALACE ROAD, KOCHI-2, REPRESENTED BY THE DIVISIONAL MANAGER/ASSISTANT DIVISIONAL MANAGER, BRANCH OFFICE NO.2, JPY'S BUILDINGS, M.G. ROAD, ERNAKULAM, KOCHI-35. BY ADV. SRI.JOMMY THARIAN RESPONDENTS/APPLICANT & 1ST AND 2ND OPPOSITE PARTY IN W.C.C. -------------------------------------------------------------------------------------------------------- 1. JOHNEY.N.E., S/O.ESHAPPAN, NADUVILE VEEDU, THIRUVANKULAM, KOCHI- 682 305. 2. ANANDA ENGINEERING WORKS PVT. LTD., REG. OFFICE, XVII/227, HILL PALACE ROAD, THRIPUNITHURA- 682 301. 3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., THIRD PARTY CLAIMS CELL, M.G.ROAD, KOCHI-16. BY ADV. SRI.V.V.SIDHARTHAN - R2 SRI.M.L.ABRAHAM - R2 SRI.PAULSON DAVID KANNAMPUZHA THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO.4138/2001 IN M.F.A. NO.479/2001 DISMISSED 02/07/2008. SD/- J.B.KOSHY, JUDGE SD/- P.N.RAVINDRAN, JUDGE // TRUE COPY // Rs/ J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 479 of 2001 --------------------------------------- Dated this the 2nd day of July, 2008 Judgment Koshy,J. This appeal is filed by the insurance company questioning the award of the Commissioner for Workmen's Compensation contending that 50% loss of earning capacity fixed by the Commissioner is excessive. As per the wound certificate following are the injuries sustained by him: "1. Lost two teeth; 2. Fracture hard palate; 3. Fracture (L) infra orbital region; 4. Central perforation of (L) typhanic rememberance; 5. Nasal blockage due to shifting of nasal septem; 6. Frequent infection of the left ear etc." Ext.A6 medical certificate shows that his left ear lost complete hearing capacity, that is, his left ear was completely dumb. Under Schedule I, Part I, there is 100% disability for absolute deafness. Apart from deafness in one ear, there is loss of teeth and fractures. Therefore, assessment of loss of earning capacity by 50% cannot be said to be excessive. However, we note that his salary was above M.F.A.No. 479/2001 2 Rs.2,000/-. But, in view of the provisions of the Workmen's Compensation Act, only Rs.1,000/- was taken as the monthly income and compensation was calculated. Total compensation awarded was in accordance with the provisions of the Act. The percentage of loss of earning capacity was taken in accordance with the medical certificate. No substantial question of law is raised. Apart from the above, we note that the claimant who is the first respondent is not served with notice so far even though the appeal was filed in 2001. There is no merit in the appeal. Appeal dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 479/2001 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 479 of 2001 ------------------------------------- Judgment Dated:2nd July, 2008