IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 MFA.No. 90 of 2006() -------------------- WCC.234/2001 of W.C.C.,THRISSUR .................... APPELLANT: 2ND OPPOSITE PARTY -------------------------------- THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, THRISSUR, NOW REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT: APPLICANT ------------------------ DEVASSY, S/O.OUSEPH, PALLISSERY HOUSE, PULLAZHI, THRISSUR. ADV. SRI.P.V.CHANDRA MOHAN FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. (W.C. Act) No. 90 of 2006 E - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2011 JUDGMENT K.M. Joseph J., The appellant is the second opposite party, New India Assurance Co. Ltd., in the application filed by the respondent for seeking compensation. The Commissioner awarded a sum of Rs.21,565/-. It was found that the claimant was a driver of a vehicle, sustained injuries in an accident. The loss of earning capacity was taken as 25% and accordingly Rs.21,565/- was awarded with 12% interest. 2. We heard learned senior counsel for the appellant and learned senior counsel for the respondent. 3. Learned senior counsel for the appellant would make the following submissions. The accident took place on 2.11.94 and the M.F.A. No. 90 of 2006 :2: claim application was filed only in the year 2001. Undoubtedly, the delay was condoned by the Commissioner. The respondent sustained the following injuries: 1. Injury to both legs. 2. Traumatic myalgia with blunt injury abdomen. 3. Abrasion right upper leg. 4. Multiple bodily injuries. 4. Learned senior counsel for the appellant points out that the interest awarded is at 12%. Since the accident took place in the year 1994, when the statutory interest was only 6%, the Commissioner should have awarded interest only at 6% interest. He further submits that though an application for referring the applicant to a Medical Board was filed, the same was dismissed. 5. Per contra, learned counsel for the respondent points that the total sum awarded by the Commissioner was only Rs.21,565/-. Of course, he does not dispute that liability to pay interest can be reduced to 6%. M.F.A. No. 90 of 2006 :3: 6. We notice that the applicant is found to be a driver. In the disability certificate, the following are the disabilities noticed: 1. Post traumatic stiffness of right shoulder. 2. Difficulty to lift heavy weight with the right upper limb. 3. Abdominal pain, abdominal distension, occasional vomitting, chronic diarroea and digestive disorders, difficulty to sit in driver seat for long time. 4. Chronic backache, difficulty to sit and squat- sequelae of blunt injury abdomen. The Doctor has fixed the permanent loss of earning capacity as 25%. 7. We are of the view that having regard to all these facts, including the amount awarded by the Commissioner, we think that this is a case where there is no ground for referring the matter to the Medical Board and we find no illegality in awarding Rs.21,565/- by the Commissioner. 8. As far as the question regarding interest is concerned, since the accident took place in the year 1994, the learned senior counsel is justified in contending that the interest can only be at M.F.A. No. 90 of 2006 :4: 6%. He points out that the interest awarded is from the date of accident. But no question of law raises in this regard. 9. In these circumstances, the Appeal is partly allowed. We modify the order and direct that the claimant will be entitled for Rs.21,565/- with simple interest at the rate of 6% from 2.11.1994 from the date of deposit. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/