IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 MFA.No. 74 of 2011() -------------------- WCC.49/2005 OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), KANNUR .................... APPELLANT: OPPOSITE PARTY ----------------- HARRISONS MALAYALAM PLANTATIONS LIMITED, PUTHUMALA ESTATE, MEPPADI POST, MEPPADI, VYTHIRI, WAYANAD. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT/APPLICANT: -------------------- SMT.SANTHA, NO.3467, W/O.GANU, PUTHUMALA ESTATE PADY, P.O.PUTHUMALA, MEPPADI, VYTHIRI, WAYANAD. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,J. ------------------------------- M.F.A. NO.74 OF 2011 ------------------------------- DATED THIS THE 22ND DAY OF MARCH, 2011 JUDGMENT Opposite party in W.C.Case No.49/2005 on the file of the Court of the Commissioner for Workmen's Compensation, Kannur is the appellant. The appeal is directed against the judgment in the said case. Applicant is the respondent herein. 2. The application was filed under Section 22 of the Workmen's Compensation Act for issuing a direction to the opposite party for payment of compensation due to her for the personal injuries sustained in an alleged accident arising out of and in the course of her employment under the opposite party. The case of the applicant is that on 27/10/2004 when the applicant was returning with tea leaves on her head she slipped and fell down, that she was taken to the hospital, that on 28/10/2010 POP was done and that plaster was removed after 32 days. It is also alleged that she is still under treatment at the Medical College Hospital, -2- MFA.No.74/2011 Kozhikode. She was aged 48 years at the time of accident. Her monthly salary is at Rs.3,000/-. The compensation claimed is Rs.1,50,000/-. 3. The Commissioner for workmen's compensation enquired the application with reference to the oral and documentary evidence. The applicant was examined as AW-1. Two witnesses were also examined as AWs.2 and 3 and Exts.A1 to A6 were produced on her side. The opposite party examined two witnesses, namely RW-1 and RW-2, produced Exts.R1 series and R2. Ext.X1 is the disability certificate issued by the Medical Board, District Hospital, Mananthavady. 4. After appreciating the evidence on record, the authority concluded that the applicant sustained injury in an accident arising out of and in the course of employment under the opposite party on 27/10/2004. Finding that the Medical Board as per Ext.X1 assessed 2% occupational disability the court below awarded compensation at Rs.5041/- with interest at 12% from the -3- MFA.No.74/2011 date of accident to the date of deposit. 5. I have gone through the findings and materials on record. The findings are entered based on the oral and documentary evidence adduced by the parties. On going through the findings and evidence, this Court is of the view that a different view is not possible in the facts and circumstances of the case. The amount awarded by the court below is nominal. No valid grounds are made out for interference of this Court in the judgment under appeal. In the result, the appeal is dismissed in limine. The respondent is free to withdraw the amount in deposit. HARUN-UL-RASHID, Judge. kcv.