IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 MFA.No. 235 of 2009 -------------------------------------- (AGAINST THE JUDGMENT DATED 22.1.2007 ON THE FILE OF THE COURT OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION AND DEPUTY LABOUR COMMISSIONER, KOLLAM. .................... APPELLANT/APPLICANT: ------------------------------------ DASSAPPAN, S/O. KRISHNAN, MAROTTIKKAL HOUSE, KURUPPAMKULANGARA P.O., CHERTHALA. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS/OPPOSITE PARTIES: --------------------------------------------------- 1. I.V. RATNAPPAN, VELLAPPALLIL HOUSE, HOUSE NO.629-A, CHERTHALA SOUTH PANCHAYAT, WARD - 4, KURUPPAUKULANGARA P.O., CHERTHALA. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., CHERTHALA P.O., ALAPUZHA DISTRICT. ADV. SRI.S.SHANAVAS KHAN FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- M. F. A. NO.235 OF 2009 ------------------------------------------ Dated this the 20th October, 2011 JUDGMENT K.M. Joseph, J. Appellant is the applicant in proceedings under Section 22 of the Workmen's Compensation Act. The applicant filed the claim petition alleging that he suffered various injuries in the accident. The Commissioner has taken the loss of earning capacity as twenty per cent, apparently based on Ext.A4 and awarded Rs.15,309/= as compensation with interest at six per cent. 2. Broadly, two questions are raised before us. Firstly, it is submitted that the award of six per cent interest is not justifiable. According to the learned counsel for the appellant, twelve per cent should have been awarded as interest. We notice that the accident took place in February, 1995. At that point of time, in respect of an accident which took place, the rate of interest was six per cent. It was enhanced only subsequently to twelve per cent. Therefore, MFA.NO.235/2009 2 we reject the said contention. 3. Counsel for the appellant further contends that the loss of earning capacity has been taken as only twenty per cent. This is insufficient. In particular and more importantly, counsel for the appellant points out that there was another Certificate issued by the Medical Board. The applicant had been referred to the Medical Board and Report dated 14.8.2002 has been issued by the Medical Board constituted by the Superintendent of Medical College Hospital, Alappuzha. Therein, it is found that considering all the problems which are noted and his profession as a workman in a saw mill, his permanent partial physical disability regarding the left upper limb, is assessed to be seventy per cent. This document, however, was not marked. Therefore, we cannot at once rely on the same. But, at the same time, we feel that in the interest of justice, the matter should be remanded back, so that the Commissioner takes a decision on the basis of the aforesaid Report of the Medical Board also. Accordingly, we set aside the MFA.NO.235/2009 3 impugned order. While we confirm the rate of interest as six per cent, we remit the matter back to the Commissioner who will, after issuing notice to all parties, take a decision afresh. Parties are allowed to adduce evidence. The Commissioner will dispose of the matter finally within a period of four months after fresh service of notice on the parties. Send back the Records. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy// PS to Judge MFA.NO.235/2009 4