IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 MFA.No. 653 of 2003(A) ---------------------- WCC.160/2000 of W.C.C.,THRISSUR .................... APPELLANT(S): 2ND OPPO.PARTY. ----------------------------- NATIONAL INSURANCE COMPANY LTD., ERNAKULAM BRANCH II,AJAY VIHAR, M.G.ROAD, ERNAKULAM REP. BY ITS ASSISTANT MANAGER. BY ADV. SRI.LAL GEORGE RESPONDENT(S): APPLICANT & IST OPPOSITE PARTY. ---------------------------------------------- 1. JOSEPH @ JOSEPH MATHAI, S/O.MATHAI, KAROTTUPUTHENPURAYIL HOUSE, KAKKOOR P.O. KOTTHATTUKULAM VIA, ERNAKULAM. 2. KURIYAN M.JOHN, S/O.JOHN THOMMEN, KUNDAMAKIL, VII/221, THIRUMARADY, KOOTHATTUKULAM, ERNAKULAM. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.F.A. (W.C. Act) No. 653 OF 2003 -------------------------------------------- Dated this the 23rd day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed by the Insurance Company on the ground that medical evidence relied on by the Workmen's Compensation Commissioner is unreliable. According to him, company's request for referring the claimant to a Medical Board for certifying disabislity is wrongly rejected. We have heard counsel appearing for both sides and have gone through the award. 2. Even though there is some force in the contention of counsel for the insurance company that loss of earning capacity certified at 100% and accepted by the Workmen's Compensation Commissioner at 90% based on medical evidence, is not tenable, because the claimant had sustained only right leg injury leading to reduction of 2 cms. in length of the leg, we do not find any justification for interference because the total compensation awarded is only Rs. 2,20,158/- for 2 protracted treatment in the hospital for several months and for undergoing surgery, grafting and fixing of right leg bones both of which are fractured. We therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3