IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 MFA.No. 75 of 2006 -------------------- WCC.247/2001 of COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), THRISSUR .................... APPELLANT(S): 2ND OPPOSITE PARTY: ------------------------------------------------------- DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., METUPALAYAM. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): APPLICANT AND IST OPPOSITE PARTY: ----------------------------------------------------------------------------------- 1. RAMESH, S/O. CHANDRAN, THAZHATHAPADAM HOUSE, NATTUKKAL, CHITTUR. 2. B. RAVICHANDRAN, 153 T.K.K. NAGAR, METTUPALAYAM, COIMBATORE. R1 BY ADV. SRI.K.P.BALAGOPAL THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & A. M. SHAFFIQUE, JJ. ------------------------------------------------------- M.F.A.(WC) No.75 of 2006-E ----------------------------------------- Dated, this the 28th day of November, 2011 J U D G M E N T K.M.Joseph, J. Appellant is the 2nd opposite party in a proceedings under Section 22 of the Workmen's Compensation Act. The Commissioner has awarded compensation in a sum of Rs.3,81,222/- with 12% interest from the date of accident. 2. We heard the learned counsel for the appellant and learned counsel for the Ist respondent. The substantial question of law revolves around adopting 75% as loss of earning capacity. The following is the finding of the Commissioner: “Ext.A6 is the certificate from Sri.Ramachandra Hospital issued by Prof.A.Chandrasekaran which admits that the patient underwent below knee amputation right leg. The permanent partial disability is assessed as 50% (Five percent). The above injury is a scheduled injury item no: 21 Schedule 1 Part II of WCC Act 1923, amputation below knee with stump exceeding 12.7 cms is loss of earning capacity is 50% (Fifty percent). And applicant had sustained very serious other injuries in the accident like fracture shaft of left femur, fracture distal left radius and open fracture left leg. The applicant was bed ridden in the hospital for 100 days as in-patient and underwent three major operations and he is able to walk only with walker support. From these medical evidences and physical observations, it is clear that the applicant cannot drive any sort of vehicles and no one person can engage him to do any sort of job. His earning power is completely lost. His loss of earning capacity reduced to an extent 100%. However I am convinced and satisfied that the loss of earning capacity is ascertained and decided as 75%. 3. After having heard the learned counsel, we are of the view that it would be appropriate and just that we fix the loss of earning capacity at 60% in place of 75%. Accordingly, the appellant will be liable to pay Rs.3,04,978/- in place of Rs.3,81,222/- with interest as already ordered. The appeal is partly allowed and the impugned order will stand modified accordingly. All pending interlocutory applications are closed. (K.M.JOSEPH) JUDGE. (A. M. SHAFFIQUE) JUDGE. MS