IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 MFA.No. 78 of 2004() -------------------- WCC.255/2000 IN THE COURT OF COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), KOZHIKODE .................... APPELLANT: APPLICANT ----------------------------------- P.ASHRAF, S/O. AHAMMAD, POOCHAN VEETIL HOUSE, CHELAMBRA POST, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: OPPOSITE PARTIES ------------------------------------------------ 1. ABOOBACKER KUNDUTHODI S/O.MOHAMMED, V.C.HOUSE, PUTHOOR PALLICKAL POST, MALAPPURAM. 2. M/S. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE II 2ND FLOOR, PRAMOD BLDGS., CHEROOTTY ROAD, KOZHIKODE. BY ADV. SRI.M.JACOB MURICKAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------------------- M.F.A.No.78 of 2004 ------------------------------------------- Dated this the 25th day of March, 2008 JUDGMENT KOSHY, J. The appellant a cleaner by profession sustained injuries during the course of employment. As a result of the accident, he sustained fracture of both bones of left leg. Apart from that there were lacerations and abrasions. Doctor certified that there is 40% permanent professional disability as per Mc Brides scale because there was orthopedic injuries. Under Section 4(1)(c)(ii) Explanation (II), Tribunal can assess a loss of earning capacity only in proportion to loss of earning capacity fixed in the schedule. Considering the loss of earning capacity in the schedule for loss of amputation of the leg below the knee and considering the fact that there is only a fracture, the Commissioner assessed 25% loss of earning capacity. Assessment made by the Commissioner is correct. The amount of Rs.65,073/- was awarded with 12% interest from the date of accident till its deposit, compensation was calculated as per the MFA 78/2004 2 provisions of Workmens Compensation Act. Hence, no interference is required in the impugned award and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE csl