IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 MFA.No. 246 of 2010() ------------------------------- W.C.83/2008 of COMMISSIONER FOR WORKMEN'S COMPENSATION,(DEPUTY LABOUR COMMISSIONER), KOZHIKODE .................... APPELLANT/APPLICANT ------------------------------------ RAJAN, S/O.NARAYANAN, KURUMANGALATH HOUSE, P.O.CHENGALAYI, CHENGALAYI AMSOM, PARIPPOYIL DESOM,SREEKANDAPURAM, KANNUR. BY ADV. SRI.A.V.M.SALAHUDDEEN RESPONDENTS/OPPOSITE PARTIES ----------------------------------------------------- 1. RAMLA.V., W/O.HAMZA, 1/530, KALLOTH PUTHIYA PURAYIL HOUSE(VIA) SREEKANDAPURAM.P.O., CHENGALAYI, KANNUR, PIN- 670 631. 2. M/S.UNITED INDIA INSURANCE COMPANY LTD., 5TH FLOOR, ROHITH CHAMBERS, JANMABHUMI MARG, MUMBAI. PIN- 400 001 BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.N. KRISHNAN, J. ........................................... M.F.A.(WCC).NO.246 OF 2010 ............................................. Dated this the 5th day of January, 2011. J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Kozhikode in W.C.No.83/2008. Applicant was the employee under the first opposite party and he sustained injuries. The Workmen's Compensation Commissioner granted him the compensation as provided under Section 4(1)(d) of the Workmen's Compensation Act. Applicant claimed the income at Rs.6,500/= and in the absence of any proof, the Workmen's Compensation Commissioner took the wages at Rs.4,000/= and fixed the compensation. It has also to be stated that the learned counsel for the appellant would submit that the Workmen's Compensation Commissioner had gone wrong in fixing the income at Rs.4,000/= on the basis of other provisions of the Workmen's Compensation Act. 2. A careful reading of the order certainly would reveal that it is not so. The Commissioner had fixed the income at Rs.4,000/= on the basis of average income in the absence of : 2 : M.F.A.(WCC).NO.246 OF 2010 any proof regarding the actual income of Rs.6,500/= claimed by the applicant. Section 4(1)(d) refers to show that how the compensation has been worked out. Since the quantum fixed is absolutely on the basis of the factual materials which is correct and as no substantial question of law is involved, an appeal under the Workmen's Compensation Act cannot be entertained and therefore, the appeal is dismissed. M.N. KRISHNAN, JUDGE. cl : 3 : M.F.A.(WCC).NO.246 OF 2010 M.N. KRISHNAN, J. ........................................... M.F.A.(WCC)NO.246 OF 2010 ............................................. 5th January, 2011. J U D G M E N T