IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MFA.No. 169 of 2007 ---------------------------- WCC.79/1998 OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION, THIRUVANANTHAPURAM. .................... APPELLANT/ RESPONDENTS: ------------------------------------------- 1. THE SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA,THIRUVANANTHAPURAM. 2. THE DISTRICT MANAGER, F.C.I DEPOT, VALIYATHURA,THIRUVANANTHAPURAM. 3. ASSISTANT MANAGER, F.C.I DEPOT, KAZHAKOOTTAM, THIRUVANANTHAPURAM. BY ADV. SMT.S.KARTHIKA. RESPONDENT/ APPLICANT: ---------------------------------------- N.SATHEESAN, S/O.NARAYANAN, MANAKKATTUVILAKATHU HOUSE,NEAR STATION KADAVU, KAZHAKOOTTAM P.O,THIRUVANANTHAPURAM,DP NO.565, P.F.NO.KR/3594/459. BY ADV. SRI.K.P.SUJESH KUMAR. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. -------------------------- M.F.A. No. 169 OF 2007 --------------------- Dated this the 11th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Workmen's Compensation Commissioner, Thiruvananthapuram, in W.C.C. No.79/98. The employers are the appellants before the court. The applicant filed an application with a contention that while he was employed as a loading and unloading worker, the accident took place and as a result of which he sustained lumbar spondylosis with sacralisation of L5 vertebra. Initially the Medical Board found that it was not an employment injury and that for secondary also it takes three years time after the injury. An appeal was preferred and the matter was remitted back. Thereafter he was again referred to the Medical Board where it was found that he is having 8% disability. 2. A perusal of the award would indicate that as Ext.A1 Medical Board certificate issued by the Doctors including Dr.Rasheed, certified that the applicant Satheesan is suffering from lumbar spondylosis with sacralisation of L5 vertebra which is long term disease. It can happen secondary to the injury which needs MFA No.169/07 2 minimum three years after the injury. Hence the injury is not due to the accident on 19.6.98. So what has precisely stated in Ext.A1 is that if a person has to develop secondary it may take a minimum period of three years from the date of injury and as from the said date three years are not over, it cannot be stated that the secondary is on account of the fall sustained by the person. The Workmen's Compensation Commissioner again referred the applicant to the Medical Board which assessed his disability at 8% as per Mc Bride's Scale . 3. So far as this case is concerned, the main question is not the percentage of disability but it is whether such a disability had arisen out of the injury sustained in the accident. Unfortunately the matter has not been considered in the said direction. Whether the competent Medical Board including the Doctor who is a member of the Board, has issued the disability certificate second time, did not give any opinion to that effect. This is a case where one needs real meticulous medical evidence to connect the injury with the incident and subsequently only the percentage of disability can be considered. Most probably it is left for the parties to examine appropriate Doctors to substantiate their respective contentions. MFA No.169/07 3 Therefore, I set aside the order passed by the Workmen's Compensation Commissioner and remit the case back to the court below with a direction to the Commissioner to permit both sides to adduce medical evidence with a view to find out whether the disability sustained is as a result of the fall and whether such an employment injury had arisen in this case. After answering the question whether it is an employment injury or not certainly the Commissioner can apply the percentage of disability to calculate the compensation. The Workmen's Compensation Commissioner is directed to issue notice to the parties intimating the date of hearing. Being a very old matter, endeavour shall be made by the Commissioner to dispose of the same within four months from the date of receipt of a copy of this judgment. The appeal is disposed of accordingly. M.N.KRISHNAN, JUDGE vps MFA No.169/07 4