IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 MFA.No. 62 of 2006(W) --------------------- WCC.218/2000 of W.C.C.,THRISSUR .................... APPELLANT: APPLICANT ----------------------- WILSON, S/O.YACOB, THRISSURKARAN HOUSE, KALLUR, THRISSUR. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: OPPOSITE PARTIES ------------------------------- 1. P.K.AYOOB, AYOOB & COMPANY, EDAMUTTAM, THRISSUR. 2. MANAGER, NATIONAL INSURANCE COMPANY LIMITED, PATTALAM ROAD, THRISSUR. ADV. SRI.P.K.RAVISANKAR FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.(W.C.C.Act) No.62 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2011 JUDGMENT K.M. Joseph J., The applicant is the claimant under Sec.22 of the Workmen's Compensation Act 1923. He suffered the following injuries: a. Grade I compound comminuted fracture both bones right leg. b. Function of lower 1/3rd and middle 1/3rd segment displaced. c. Injury all over body. 2. Ext.A4 is the disability certificate issued by one Dr.R Vijayakumar, who was examined as AW2. The Doctor had certified that he was having permanent disability of 35% and loss of earning capacity of 80%. The insurer filed Medical Board petition. The Workmen's Compensation Commissioner decided loss of M.F.A. No.62 of 2006 :2: earning capacity as 35%. Interest was charged at 12% per annum from 17.1.1999. 3. We heard learned counsel for the appellant and learned counsel for the respondents. 4. Learned counsel for the appellant would submit that having regard to the nature of injuries, reduction of loss of earning capacity to 35% cannot be justified. Thereafter he got instructions from his client and submits that it would be proper if the loss of earning capacity can be fixed at 55%. Learned senior counsel for the 2nd respondent would submit that it would be appropriate if it is fixed at 45%, which is acceptable to the Company. He prays that interest may not be ordered on the enhanced amount. 5. Having regard to nature of case and submissions of the learned counsel the impugned order will stand modified as under: In place of 35% as loss of earning capacity in the impugned order, it is modified as 45%. On this basis, the appellant will be entitled to Rs.1,06,412/-. We order that the appellant will be entitled for the enhanced amount with interest at the rate of 9% M.F.A. No.62 of 2006 :3: from 17.1.99 till the date of deposit. On the amount already awarded by the Commissioner, the amount will carry interest at the rate of 12%, as already awarded. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/