IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 MFA.No. 136 of 2002() ------------------------------- WCC.19/1991 of COMMISSIONER FOR WORKMEN'S COMPENSATION & DEPUTY LABOUR COMMISSIONER, KANNUR .................... APPELLANT: APPLICANT -------------------- P.RAJAN, S/O.KRISHNAN, 32 YEARS, MANAPPALIL HOUSE, PANDAKKAL, MAHE. BY ADV. SRI.P.K.VIJAYAN SMT.K.V.JAYALAKSHMY RESPONDENTS: OPPOSITE PARTIES ------------------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRIC MAJOR SECTION, PANNOOR. BY ADV. SRI.C.C.THOMAS, SC, K.S.E.B SRI.PULIKOOL ABUBACKER, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.136 OF 2002 ------------------------------------- Dated 18th January, 2008 JUDGMENT Koshy,J . Appellant/claimant met with an accident during the course of employment on 23rd May, 1992. He applied for compensation. The accident occurred in the year 1988. Tribunal found that there is 100% loss of earning capacity and compensation was calculated as follows: 1000 x 50 x 218.47 = 1,09,235/= 100 Considering his age and Schedule IV of the Workmen's Compensation Act, the relevant factor was taken as 218.47. Sstatutory interest was also awarded. 2. The main contention taken up in the appeal is that Rs.1,000/= alone is taken as the monthly income. The accident occurred prior to the amendment of the Act by Act 30 of 1995 which came into force with effect from 15.9.1995 and before that maximum monthly MFA.136/2002 2 wages that can be taken for the purpose of calculation was only Rs.1,000/=. In this connection, we refer to the decision of the Supreme Court in K.S.E.B. v. Valsala (1999(3) KLT 348 (SC)). Comissioner has calculated the compensation correctly. We see no ground to interfere with the same. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks