IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MFA.No. 70 of 2004() -------------------- WCC.106/2000 of W.C.C.,ERNAKULAM .................... APPELLANT(S): -------------- A.M.SHAJI, AGED 43 YEARS, S/O.MADHAVAN, AMBALATHINKAL HOUSE, MUKKOTTIL TEMPLE ROAD, PUNITHURA P.O. ERNAKULAM. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.NITHYA.K. RESPONDENT(S): OPPO.PARTIES. ---------------------------- 1. P.P.RAPHEAL, S/O.PETER, PULIPARAMBIL HOUSE, MARADU P.O. ERNAKULAM. 2. THE UNITED INDIA INSURANCE CO.LTD., TRIPUNITHURA BRANCH. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 SRI. K.SIJU SRI.A.MUHAMMED RAFFI FOR R.1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A No. 70 of 2004 ----------------------------------------- Dated this the 6th day of October, 2008 JUDGMENT Ramachandran Nair .J, Heard counsel for the appellant and standing counsel appearing for the Insurance Company. The appellant, a driver by profession, sustained injury in a road accident. He was granted compensation by the Workmen's Compensation Commissioner, reckoning disability at 30% as against 40% certified by the Medical Board. The appellant's case is that that there is no justification for reducing the percentage of disability by the Commissioner. The counsel for the Insurance Company submitted that the percentage of disability certified by the Medical Board is exaggerated because the appellant renewed the driving licence subsequent to the accident. However the appellant's case is that the renewal of the licence was on 4.4.2000 and the accident was more than 3 months thereafter i.e 21.7.2000. We do not think there is no need to verify whether the renewal of the licence was subsequent to the accident or not because there is nothing to indicate that a person with 40% disability is unfit to hold a driving licence. Since the Medical Board has certified the disability at 40% and having regard to the nature of the injuries mentioned in the award we modify the award by enhancing the disability at 40%. Accordingly we re-fix the compensation at M.F.A. No. 70 of 2004 -2- Rs. 89,712/- as against 67,284/- fixed by the Workmen's Compensation Commissioner interest will also be paid in terms of the statute. The appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.F.A. No. 70 of 2004 ---------------------------- JUDGMENT 6th October, 2008