IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MFA.No. 158 of 2005(A) ----------------------------- WCC.231/2002 of W.C.C.,KOZHIKODE .................... APPELLANT/ APPLICANT ----------------------------------- S. BABU @ SALEEM, S/O.KUNJAN, KOCHANATTU HOUSE, P.O.KALANADU, KASARKODE DISTRICT. BY ADV. SRI.IMTHIYAZ AHAMED SRI.SHIRAZ ABDULLA.M.S 1ST RESPONDENT/1ST OPPOSITE PARTY/2ND RESPONDENT/2ND OPPOSITE PARTY ------------------------------------------------------------------------------------------------------------------------ 1. P.A.MOHAMMED KUNHI, CHAIRMAN, FATHIMA HOSPITAL, KASARAGOD. 2. THE NEW INDIA ASSURANCE COM LTD., GOKUL BUILDING, M.G.ROAD, KASARAGOD. BY ADV. SRI.MATHEWS JACOB (SR.) - R2 SRI.P.JACOB MATHEW - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.158 of 2005 ===================== Dated this the 19th day of June, 2008. JUDGMENT Koshy,J. The appellant was employed as a driver of an ambulance. During the course of employment, he sustained injuries in an accident. Both of his legs were fractured. Originally, the Commissioner assessed compensation at Rs.1,66,585/-. The Insurance Company filed an appeal before this Court. Since the assessment was not in accordance with law, the matter was remanded. Originally, 75% loss of earning capacity was assessed. Thereafter, the matter was referred to the Medical Board. The Medical Board certified that he had 25% loss of earning capacity. He will be able to drive light motor vehicle. It is difficult for him to drive heavy motor vehicle. The Medical Board found that he has 2 cm. wasting of right thigh and 1.5 cm. wasting of right leg segment. The Commissioner considered the matter and fixed 25% loss of earning capacity accepting the MFA 158/05 -: 2 :- certificate of the Medical Board and awarded Rs.64,071/- with interest. The total amount awarded was Rs.93,796/-. The appellant has earlier withdrawn Rs.1,00,000/- from the deposit. The Tribunal held that the decreed amount need not be recovered by the Insurance Company. The excess amount in deposit was allowed to be refunded to the Insurance Company. We are of the view that no interference is required in the Commissioner's order. The appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 26/6