IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 MFA.No. 160 of 2007(A) ---------------------- WCC.248/2001 of W.C.C.,THRISSUR .................... APPELLANT/APPLICANT ----------------------- PRADEEP, S/O.KUMARAN, CHARALIPARAMBIL HOUSE, NETHIRIMANGALAM AMSOM AND DESOM, OTTAPALAM TALUK, POST PATTAMBI, PIN-679 303. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS/OPP.PARTIES -------------------------- 1. SAJEEV.P.M., PUTHIYAPARAMBIL HOUSE, POST VADANAMKURUSSY. 2. KERALA STATE INSURANCE DEPARTMENT, PALAKKAD. GOVERNMENT PLEADER SRI.R.GITHESH FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & A.M.SHAFFIQUE, JJ. ---------------------------------------------------------- M.F.A. (WCC)No. 160 of 2007 -------------------------------------------------------- Dated this the 2nd day of December, 2011 J U D G M E N T K.M. Joseph, J. The appellant is the applicant in a proceeding under S.22 of the Workmen's Compensation Act. The appellant challenges the order passed by the Commissioner by which the Commissioner awarded compensation at Rs.2,09731/- with 12% interest from the date of filing of the application on 15.7.2000. The Commissioner has taken the loss of earning capacity as 80%. It is aggrieved by the same, the appellant is before us. According to the learned counsel for the appellant this is a case where the loss of earning capacity may be taken as 100%. 2. After hearing the parties, we passed an order dated 6.9.2011 wherein we have referred the appellant to a Medical Board and directed the Medical Board to evaluate the loss of earning capacity of the appellant and send up a report. The report is before us. By communication dated 30.12.2000 from the Medical College Hospital, Thrissur, it is stated that the appellant did not appear before the Board though -2- M.F.A, (WCC) 160/2007 03.12.2011 was fixed as the day for appearance. In view of the conduct of the appellant, we feel that the appellant is not entitled to any further relief. There is no merit in the appeal. The appeal is dismissed. K.M.JOSEPH,JUDGE A.M.SHAFFIQUE, JUDGE. rka