IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 MFA.No. 10 of 2008(A) --------------------- AGAINST ORDER IN WCC.47/2000 of W.C.C.,ERNAKULAM DATED 15.2.2006 .................... APPELLANT/OPPOSITE PARTY: --------------------- T.A. ABDULLA, AGED 47 YEARS, SON OF LATE MR.ABDUL REHIMAN, THUKALIL HOUSE, MUDICAL (P.O), PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS/APPLICANT: ----------------------- 1. P. MOLLY, AGED 36 YEARS, WIFE OF MR.L.SAM @ SAMKUTTY, SOUMYA BHAVAN, KALLIYAL (P.O), KUTTICHAL,THIRUVANANTHAPURAM DIST. PIN-695 574. 2. COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN-682 030. R1 BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.ANILA PETER THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A.NO.275/2008 IN M.F.A.(WCC).10/2008 DISMISSED. 31.3.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. (WCC) No. 10 of 2008 --------------------------------------- Dated this the 31st day of March, 2008 Judgment Koshy,J. First respondent in this case applied for compensation contending that she sustained serious injuries in an accident during the course of employment. She claimed an amount of Rs.2,54,148/-. The Commissioner for Workmen's Compensation calculated monthly wages at Rs.2,000/- and directed the appellant to pay Rs.2,54,148/- with interest from the date of application. According to the claimant, she was employed as a Veneer Worker in Prestige Plywood company of the appellant. During the course of employment on 26.7.1999 at 7.15 a.m. she sustained traumatic scalp avulsion. She was rushed to the Government Hospital, Perumbavoor immeidately and later to the Specialists Hospital, Ernakulam. She is unable to do any work and there was severe facial disfigurement also. It is the contention of the appellant/opposite party that the name of the establishment is not 'Prestige Plywood Company', but, 'Unique Wood Industries'. He also admitted that the accident occurred in the premises of his M.F.A.(WCC) No. 10/2008 2 establishment. According to the appellant, she was not employed, but, she came to collect the waste. He also explained that she was taken from the premises of the establishment to the Government Hospital and he has paid the entire medical expenses on humanitarian grounds. Therefore, the accident in the establishment is admitted. The only question is whether there was employer-employee relationship. 2. The Commissioner, after considering the evidence, found that the documents produced by the opposite party was with regard to the Unique Wood Industries and not of Prestige Plywood Industries. Ext.D1 is the registration certificate of Prestige Plywood Industries. At the time when the claimant was admitted in the hospital, it was mentioned that the accident occurred in the establishment of the appellant and that was recorded in Exts.A3, A5 and A6 treatment records. Therefore, on consideration of the evidence, the Commissioner found that the accident occurred during the course of employment and she was employed by the appellant in the Prestige Plywood Industries. In any event, the accident occurred in the establishment of the appellant is admitted. The finding that she was employed by the appellant is a finding of fact M.F.A.(WCC) No. 10/2008 3 based on evidence and there is no substantial question of law arising out of that point. 3. The medical board certificate shows the following injuries: "1. Traumatic Scalp Avulsion (Total) following industrial accident on 26.7.1999; and 2. Permanent disfigurement of face and scalp, hearing (R) side, loss of Pimac (R) resulting social stigma." Therefore, after considering the above certificate, the Commissioner found that the injury will come under Sl. No.5, Part I, Schedule II of Act 1923. The Commissioner has also seen the workman. In the above circumstances, we see no grounds to interfere with the award of the Commissioner based on medical opinion. We note that after awarding interest from the date of application till the date of award on the total amount, additional interest of 12% was directed to be given from the awarded amount till payment. This will amount to interest on interest after award. Appellant is only liable to pay simple interest at the rate of 12% per annum on the compensation awarded from the date of application till the date of payment. The amount was deposited on 31.10.2007. Therefore, liability to pay interest is from the date of accident till 31.10.2007 at 12% simple M.F.A.(WCC) No. 10/2008 4 interest on Rs.2,54,148/-, the compensation amount calculated by the Commissioner. Appeal dismissed subject to the above observations. J.B.Koshy Judge K. Hema Judge vaa M.F.A.(WCC) No. 10/2008 5 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. (WCC) No.10 of 2008 ------------------------------------- Judgment Dated:31st March, 2008