IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 MFA.No. 62 of 2008() -------------------- WCC.52/2002 of W.C.C.,KOTTAYAM .................... APPELLANT/OPPOSITE PARTY -------------------------------------- THE MANAGER, LETCHMI ESTATE, M/S. TATA TEA LIMITED, MUNNAR, (NOW OWNED BY KANNAN DEVAN HILLS PLANTATIONS COMPANY PRIVATE LIMITED, KDHP HOUSE, MUNAR- 685 612. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT/APPLICANT ----------------------------------- POORNAM, NO. 2650, EAST DIVISION, LETCHMI ESTATE, MUNNAR.P.O. ADV. SRI.P.RAMAKRISHNAN FOR R1 THIS MISC.FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.(W.C. Act) No. 62 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011 JUDGMENT K.M. Joseph J., The appeal is filed by the opposite party in an application filed by the respondent herein claiming a compensation of Rs.50,000/- on account of injuries sustained by her following an accident. The case of the opposite party is that she sustained 3% permanent disability as assessed by the Company Chief Medical Officer, for which compensation was passed. The applicant was referred to the District Medical Board and the District Medical Board assessed the permanent disability at 8%. Further, the Commissioner found that there is no reason to alter the loss of earning capacity assessed by the Medical Board, which is 8%. M.F.A. No. 62 of 2008 :2: The applicant, as AW1 has stated as follows: It is on the basis of that deposition, the compensation has been awarded. 2. We heard learned counsel for the appellant and learned counsel for the respondent. 3. Learned counsel for the appellant would complain that the Medical Board, though assessed loss of earning capacity at 8% has proceeded to assess the loss of earning capacity with reference to the particular part of the body and there is no evaluation of the loss of earning capacity on a whole body basis. There is no case for the appellant in the appeal memorandum that the appellant was denied an opportunity and that the appellant has not taken steps to examine member of the Medical Board to establish the case. 4. We also take note of the amount involved and the fact that it is the thumb of the right hand and also that applicant cannot do the job. We find there is no attempt made by the appellant to M.F.A. No. 62 of 2008 :3: establish his case before the Commissioner. The Commissioner has acted on the report of the Medical Board. Medical Board has certified the loss of earning capacity. 5. We find no illegality in the order of the Commissioner. There is no merit in the appeal and the M.F.A. is dismissed. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/