IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 MFA.No. 121 of 2006() --------------------- AGAINST THE ORDER IN WCC.353/2000 of W.C.C, THRISSUR DTD.23.3.2006 ON THE FILE OF COMMISSIONER FOR WORKMENS COMPENSATION, THRISSUR. .................... APPELLANT(S): 2ND OPPO.PARTY. ----------------------------- THE ORIENTAL INSURANCE CO.LTD., THRISSUR, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI 18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): APPLICANT/FIRST OPPOSITE PARTY ----------------------------------------------------------------------- 1. SUGILAN, S/O.CHANDRAN NAIR, KUNNEKKATTU HOUSE, NEAR RAILWAY GATE, NEDUPPUZHA P.O. THRISSUR DISTRICT. 2. CHANDRAN NAIR, PARAMBATH HOUSE, NEDUPPUZHA P.O. THRISSUR. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ab K.M.JOSEPH & C.T.RAVIKUMAR, JJ -------------------------------------------------- M.F.A No. 121 OF 2006 --------------------------------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T K.M.Joseph, J The appellant is the 2nd opposite party in the proceedings initiated under Section 22 of the Workmen's Compensation Act, 1923. The Commissioner has fixed the loss of earning capacity as 40% and ordered compensation in a sum of Rs.1,02,514/- with 12% interest. 2. There was no dispute that the Commissioner has referred the appellant to the Medical Board. The certificate shows that the Medical Board assessed applicant to have a permanent loss of earning capacity of 35% as a Driver. 3. We have heard the learned counsel for the appellant and respondent No.1. Having regard to the certificate issued by the Medical Board we are inclined to modify the loss of earning capacity from 40% to 35%. Accordingly, we partly allow the appeal and the impugned order shall be modified and in place of 40% loss M.F.A No. 121 OF 2006 2 of earning capacity we hold the loss of earning capacity is 35%. The appellant shall pay a sum of Rs.89699.40 with interest as already ordered. K.M.JOSEPH, JUDGE C.T.RAVIKUMAR, JUDGE ab