IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 MFA.No. 109 of 2002(C) -------------------------------- WCC.210/1997 of COMMISSIONER FOR WORKMEN'S COMPENSATION & DEPUTY LABOUR COMMISSIONER, KANNUR .................... APPELLANT/2ND OPPOSTE PARTY: ------------------- THE UNITED INDIA INSUSRANCE CO.LTD., NOW REPRESENTED BY ITS ASSISTANT MANAGER, M.T.P.C.O., M.G. ROAD, KOCHI-16. BY ADV. SRI.P.JAYASANKAR RESPONDENTS/APPLICANT/RESPONDENT NO.1: --------------------- 1. MURALI @ MURALIKRISHNA DAS, S/O. DAMODHARAN, KANNAMBRA HOUSE, CHOORAMALA, NEELIKKAP, P.O. VELARMALA. 2. BHASKARAN, PARACHALIL HOUSE, V.C. ROAD, MANANTHAVADY. BY ADV. SRI.N.J.ANTONY - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. NO.109/2002 ORDER ON CMP. NO.2430/2002 IN MFA. NO.109/2002 DISMISSED 08.02.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.109 OF 2002 () ----------------------------------- Dated this the 8th day of February, 2008 J U D G M E N T KOSHY,J. Respondent in this case met with an accident during the course of employment at the age of 28. He was a driver by profession. He claimed a compensation of Rs.2,00,000/- claiming Rs.4,500/- as his monthly income. But the tribunal found that since the accident occurred in 1997, the maximum monthly salary that can be taken into account is only Rs.2,000/-. Therefore, Rs.2,000/- was fixed as the monthly income. 2. He had sustained fracture of right tibia apart from excessive injuries on the entire right leg including the right foot. The Assistant Professor of Surgery, Medical College Hospital, Kozhikode issued the certificate showing that his occupational disability is 25%, as he was a driver. Insurance MFA.109/02 2 company filed appeal contending that Commissioner should not have assessed 25% loss of earning capacity arbitrarily as decided by this Court in a Full Bench decision in New India Assurance Co. Ltd. v. Sreedharan (1995 (1) KLT 275 (F.B.)). Here in this case, tribunal did not assess the compensation arbitrarily. Tribunal assessed compensation only considering the medical certificate issued by the qualified medical practitioner as provided under Section 4(1) (c) (ii). In the above circumstances, we see no ground to interfere in the matter at the instance of the Insurance company. Hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.109 OF 2002 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 8th February, 2008