IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 MFA.No. 108 of 2005() --------------------- WCC.82/1998 of W.C.C., KANNUR .................... APPELLANT: APPELLANT: ---------------------------------------- N.P.SAJEEVAN, S/O.GOVINDAN, NIRATHUPARAMBATH HOUSE, OLAVILLAM P.O., KANNUR DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR SRI.P.NARAYANAN RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. K.K.PRAKASHAN, S/O.NANU, REVEEV NIVAS, KARIYAD P.O. 2. THE NEW INDIA ASSURANCE CO LTD., MUNICIPAL SHOPPING COMPLEX, M.G.ROAD, THALASSERY. BY ADV. SRI.K.K.M.SHERIFF - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 108 OF 2005 = = = = = = = = = = = = = = = Dated this the 25th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Workmen's Compensation Commissioner in W.C.C.82/98. The claimant was awarded a sum of Rs.11,700/- inclusive of interest and it is against that decision the present appeal is preferred. Along with the appeal the applicant has produced a disability certificate. The following substantial questions of law were formulated in the memorandum of appeal. “(a) Is not the Commissioner went wrong in taking the method of calculating the amount of compensation to the appellant? (b) Is the Commissioner justified in declining to award the full amount of compensation claimed by the appellant? (c) Is not the Commissioner bound to give the reasons for limiting the compensation to Rs.11,700/-?” MFA 108 of 2005 -2- It can be seen that on 26.7.01 a disability certificate is issued wherein the percentage of disability is assessed at 35%. The Workmen's Compensation Commissioner did not have the advantage of seeing this document and therefore he cannot be found fault with for not considering the same. If really he had sustained disability on account of the injuries sustained it is desirable to give an opportunity to prove the same. Therefore I set aside the award of the Compensation Commissioner and remit the case back to the Compensation Commissioner for fresh consideration with permission to the appellant to produce disability certificate before the Court. Needless to say the other side also shall be permitted to raise their objections and the matter be decided in accordance with law after hearing both sides. The Compensation Commissioner shall give notice of hearing to the parties. The MFA is disposed of as above. M.N. KRISHNAN, JUDGE. ul/- MFA 108 of 2005 -3- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 108 OF 2005 = = = = = = = = = = = J U D G M E N T 25th July, 2008.