IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 1354 of 2002() -------------------------------- WCC.67/1995 of COMMISSIONER FOR WORKMEN'S COMPENSATION AT , KOTTAYAM . .................... APPELLANT: -------------------- PEERMUHAMMED ALIAS RAJAN, S/O. RAJAPPA ABDUL RAHIMAN, SUPARAJA NAGAR, NEW COLONY, HOUSE NO.20, BIDI NAIKKANNOOR, TAMIL NADU. BY ADV. SRI.P.RAMAKRISHNAN SMT.T.C.KRISHNA RESPONDENTS: ------------------------ 1. S. JAGANATHAN, PANDIAN LORRY SERVICE, METTUR ROAD, CUMBUM, TAMIL NADU. 2. ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, MUVATTUPUZHA. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1354 OF 2002 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . Appellant in this case sustained injuries during the course of employment. Medical certificate shows that he was inpatient for 10 days from 17.1.1993 to 27.1.1993 and from 12.3.1993 to 2.4.1993 as he had infection for which doctor had given antibiotics and also continued to take medicines to prevent post traumatic epilepsy, but, no permanent disability was assessed in the above certificate. After considering the medical certificate and after seeing the claimant, the Commissioner assessed 24% disability and awarded compensation. The incident occurred in 1993, before the amendment of the Act by Act 30 of 1995. Therefore, maxium salary that can be taken for calculation was taken into account and compensation was calculated. We are of the opinion that no grounds are made out to challenge the award. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks