IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MFA.No. 127 of 2005() --------------------- WC.211/1998 of WORKMEN'S COMPENSATION AND DEPUTY LABOUR COMMISSIONER, KOZHIKODE .................... APPELLANT(S): APPELLANT/2ND OPPOSITE PARTY ------------------------------------------ M/S.UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, ARAFA BUILDING, P.B.NO.5, COURT ROAD, MANJERI. BY ADV. SRI.C.V.BIMAL ROY RESPONDENT(S): APPLICANT & 1ST OPP. PARTY ----------------------------------------- 1. K.MOHAMMED, S/O.MAMMED, KAYANIKKARA HOUSE, KARIKKAD, THRIKKALAGODE P.O., MANJERI, MALAPPURAM DISTRICT. 2. K.YACOB, S/O.ABDURAHIMAN, PAREMBATHODIKA HOUSE, P.O.KAVANOOR, AREACODE, MALAPPURAM DISTRICT. ADV. SRI.K.SHIBILI NAHA FOR R1 SMT.A.LOWSY FOR R1 SRI.P.SAMSUDIN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008S THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.F.A. No. 127 OF 2005 -------------------------------------------- Dated this the 5th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed challenging the compensation awarded by Workmen's Compensation Commissioner to the first respondent. Even though we find force in the argument of standing counsel for the insurance company that compensation awarded taking the disability at 100% is thoroughly unjustified because medical certificate shows disability only at 18%, and the injury sustained is only to the knee and thigh of one leg of the claimant, namely, the first respondent, we are told that entire compensation awarded was paid long back by the insurance company and appeal before this Court itself was filed with a delay. Even though delay is condoned, appellant does not appear to have moved any stay petition before this Court. If the amount is disbursed it may not be possible for the insurance company to recover the amount from the first respondent. Therefore appeal itself is a futile 2 exercise done only for the sake of filing it. If payment is not made we feel the matter should be reconsidered by the Workmen's Compensation Commissioner for reconsidering the percentage of disability based on medical certificate and if required after referring the claimant to a Medical Board. We give opportunity to the appellant to approach the Commissioner for modification of award in the above lines, if the amount is not paid. However, if amount stands paid to the claimant, we feel the matter should be given a quietus. Therefore if the full amount is disbursed the appeal should be treated as dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3