IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 MFA.No. 624 of 2003() --------------------- WCC.70/2002 of WORKMEN'S COMNPENSATION COMMISSIONER,THRISSUR .................... APPELLANT/APPLICANT ----------------------- JAYAPRAKASH, S/O. KUNJIRAMAN, VADAKKUMCHERY HOUSE, P.O.EDAMUTTAM, THRISSUR DISTRICT, PIN-680 568. BY ADVS. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL RESPONDENTS/OPPOSITE PARTIES ------------------------------- 1. K.A.SANTHOSH S/O. ARUMUGHAN, KARAYIL HOUSE, KARAYAVATTAM, VALAPPAD, THRISSUR DISTRICT. 2. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, S.S.N-SHOPPING COMPLEX, TEMPLE ROAD, TRIPRAYAR, P.O.NATTIKA, THRISSUR DISTRICT, PIN 680 566 ADVS. SRI.KKM.SHERIF FOR R2 SRI.P.A.MOHAMMED ASHROF FOR R2 SRI.A.A.ZIYAD RAHMAN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.F.A. NO. 624 OF 2003 --------------------------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation awarded by the Commissioner of Workmen's Compensation, Thrissur for the injuries sustained by the appellant in a motor accident. The accident occurred while the appellant was driving a van and the claim is against the employer, namely, the owner or the vehicle and the Insurance Company under the Workmen's Compensation Act, 1923. 2. Heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 3. Main grievance of the appellant is that the Commissioner has reduced the percentage of loss of earning capacity from 60% to 40% M.F.A. NO.624/2003 2 without any basis. Moreover, the income fixed for determining compensation is only Rs.2,000/- per month as against a claim of Rs.4,000/- per month. Counsel for the Insurance Company opposed the claim for enhancement on the ground that the appellant has not produced any proof of income before the Commissioner. It is further contended by counsel that percentage of loss of earning power is invariably high in the certificate issued by the doctor and, therefore, the marginal reduction is not unreasonable. 4. Going by the steady increase in wages, we feel that the appellant is entitled to have his income fixed at Rs.3,000/- per month. So far as loss of earning power is concerned, we do not think that the reduction made by the Commissioner is called for because the Commissioner was satisfied that the appellant would not be able to continue his profession as driver even on his recovery. In the circumstances, we enhance the compensation by applying the income at Rs.3,000/- per month and keeping the percentage of loss of earning power at 60% , as certified by the doctor. Hence, the additional compensation payable on account of the above changes will be Rs.1,12,140/-. We direct the Insurance Company to deposit the additional compensation with the statutory rate of interest from M.F.A. NO.624/2003 3 the date of accident till the date of payment. The appeal is allowed as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.F.A. NO.624/2003 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.F.A. NO. 624/2003 JUDGMENT 24th September, 2008 M.F.A. NO.624/2003 5