IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MFA.No. 35 of 2005 ---------------------------- W.C.C.119/2000 OF COMMISSIONER FOR WORKMEN'S COMPENSATION, ERNAKULAM .................... APPELLANT/ RESPONDENT: ----------------------------------------- CHAIRPERSON, KERALA HEAD LOAD WORKERS WELFARE BOARD, VYPEEN SUB COMMITTEE, EDAVANAKKAD, ERNAKULAM DISTRICT. BY ADV. SRI.BABU KARUKAPADATH, SRI.M.A.ABDUL HAKHIM, SRI.RENIL ANTO KANDAMKULATHY,SC,KHLWWB. RESPONDENT/ PETITIONER: ----------------------------------------- K.A. MAJEED, KAITHAKKAPARAMBU HOUSE, CHERAI, ERNAKULAM DISTRICT. ADV. SRI.K.I.ABDUL RASHEED FOR R1, ADV. SMT.K.N.VIGY FOR R1. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. NO. 35/2005: ORDER ON I.A. NO. 717/2005 IN M.F.A. NO. 35/2005 DISMISSED SD/- J.B.KOSHY, JUDGE. 18/08/2008. SD/- THOMAS P.JOSEPH, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.F.A. No. 35 of 2005 --------------------------------------- Dated this the 18th day of August, 2008 Judgment Koshy,J. First respondent in this case sustained injuries in a motor accident by which he became totally disabled. Medical Board found that there is 100% loss of earning capacity. The Tribunal accepted the same. From Ext.D1 records produced, the Tribunal found that his average earning per day was Rs.61/- and monthly wages was calculated at Rs.1,586/-. It is below the minimum wages prescribed on the date of the accident, that is, 10.9.1998. He was aged 48 years at the time of accident and index was correctly taken as provided under the Workmen’s Compensation Act and statutory interest was also awarded. Major contention raised in the appeal memorandum is calculation of monthly income. If he was getting Rs.61/- per day, the monthly wages will be higher than that is calculated, if the wages are calculated under section 5 (c ) of the Workmen’s Compensation Act. We are of the opinion that the calculation made by the Commissioner need not be altered only on the question of calculation of wages based on Ext.D1 produced by the appellant himself. There is no substantial question of law involved in this case. Appeal dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A.No. 35/2005 2 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A. No.35/2005 ------------------------------------- Judgment Dated:18th August, 2008