IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MFA.No. 498 of 2003(E) -------------------------------- WCC.32/1997 of W.C.C.,KOLLAM .................... APPELLANT/APPLICANT : ------------------------------------ P.SIVANANDAN, S/O.PANKAJAKSHAN, STATE FARMING CORPORATION KERALA LTD., QUARTERS NO.7, MULLUMALA, CHEMPANARUVI P.O. PIRAVANTHOOR VILLAGE. BY ADV. SRI.N.NAGARESH RESPONDENT/OPPOSITE PARTY : ----------------------------------------------- MANAGING DIRECTOR, STATE FARMING CORPORATION OF KERALA LTD., NELLIPPALLY P.O., PUNALUR. BY ADV. SRI.K.SASIKUMAR SRI.AJITH KRISHNAN,SC,STATE FARMING COR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 498 OF 2003 --------------------- Dated this the 8th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Workmen's Compensation Commissioner, Kollam, in WCC 32/97. The applicant sustained employment injury in an accident and the Workmen's Compensation Court granted him a compensation of Rs.8,925/-. Dissatisfied with the same, the applicant has come up in appeal. 2. Learned counsel for the appellant had brought to my notice para 9 an 10 of the written statement filed by the opposite party. There the average income is found as Rs.46.60 per day. But the Tribunal held that however for calculation of compensation his monthly wages is fixed as Rs. 1,000/-. I think the Tribunal was right in fixing the wages at Rs.1,000/- for the reason that the amount Rs.1,000/- has been substituted only after the amendment to the Workmen's Compensation Act 30 of 1995 which took effect from 15.9.95. Here the accident had taken place on 14.2.95. Therefore the amount Rs.1,000/- was the maximum that can be taken note of by the court at that point of time. In the light of the said decision, I do not find any ground to interfere with the decision rendered by the Workmen's Compensation Commissioner. Therefore the appeal lacks merit and it is dismissed. M.N.KRISHNAN, JUDGE vps