IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MFA.(W.C.C.)No. 126 of 2008() --------------------------------------------- WCC.64/2003 of W.C.C., KANNUR .................... APPELLANT: 2ND OPPOSITE PARTY: ------------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED., KANNUR NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT:APPLICANT: ----------------------------------------- D.ASOKAN, S/O. KRISHNAN, THAIKANDY HOUSE, ANCHARAKANDY AMSOM, MAMBA DESOM. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.ANO.2167/2008 IN M.F.A.NO.126/2008 DISMISSED 18/08/208 SD/- J.B.KOSHY, JUDGE SD/- THOMAS P.JOSEPH,JUDGE /TRUE COPY/ P.S.TO JUDGE Kss J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.F.A.(W.C.C.) No. 126 of 2008 --------------------------------------- Dated this the 18th day of August, 2008 Judgment Koshy,J. This appeal is filed by the insurance company questioning the award of the Commissioner for Workmen’s Compensation. An autorickshaw driver sustained serious injuries in an accident during the course of employment and he applied for compensation claiming that, as a result of the accident, he is unable to drive the autorickshaw and he is entitled to compensation for 100% loss of earning capacity. The following are the injuries sustained by him in the accident: (1) Compound fracture right clavical medial end; (2) Multiple fracture pelvis region; (3) Multiple fracture right ribs; (4) Head injury; (5) Fracture to rupture uretra; (6) Regic contusion brain; (7) Urinary retention; (8) Haematuria head; (9) Supra pubic Cystostomy." Soon after the accident, he was admitted to the A.K.G. Memorial M.F.A.(WCC)No. 126/2008 2 Hospital, Kannur and, thereafter, shifted to Pariyaram Medical College. He underwent endoscopic correction of rupture of urethra and an operation of ORIF by bone grafting. He was admitted as an inpatient in the hospital for about one month. He was again admitted for 15 days. According to the claimant, he is unable even to move about. Originally, Pariyaram Medical College Hospital, where the claimant was treated, certified 65% physical disability, but, Taluk Hospital certified a lesser percentage of disability. Therefore, he was referred to a Medical Board of the Pariyaram Medical College Hospital. He was examined by four specialists including Orthopaedic specialist and a Neuro-surgery specialist. The Medical Board found that there is absence of smell sensation of anosmia, post traumatic epilepsy and left hearing deficiency apart from orthopaedic disability. So, the disability was assessed at 80%. Considering the injuries and after-effects, even, awarding of compensation for 100% loss of earning capacity would have been justified as he was unable to get any work with those kind of injuries. The claimant was examined and he deposed about his difficulties. Being an autorickshaw driver, his claim was that he was getting Rs.150/- per day. The Tribunal calculated Rs.4,000/- as the monthly income and compensation was calculated strictly as per the M.F.A.(WCC)No. 126/2008 3 provisions of the Workmen’s Compensation Act. Considering the nature of injuries suffered and the certificate of the Medical Board of the Pariyaram Medical College Hospital, we are of the view that no interference is required. There is no substantial question of law also. The appeal is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A.(WCC)No. 126/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A. (WCC) No.126/2008 ------------------------------------- Judgment Dated:18th August, 2008