IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MFA.No. 28 of 2007() -------------------- WCC.90/1998 OF W.C.C.,KOTTAYAM .................... APPELLANT/SECOND OPPOSITE PARTY ---------------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., MUVATTUPUZHA, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT/APPLICANT -------------------------------------- SALI, S/O.CHANDRASENAN, MANKUZHIYIL HOUSE, KANJARKARA, KANJAR P.O., VELLIAMATTOM. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MFA No.28 OF 2007 ===================== Dated this the 30th day of October 2008 JUDGMENT This appeal is preferred against the judgment of the Commissioner for Workmen's Compensation, Kottayam in WCC No.90 of 1998. The applicant sustained injuries in a road accident and the Commissioner awarded a sum of Rs.24,199/- and it is against that decision, the present appeal is filed. 2. The respondent had not entered appearance in spite of service of notice. Heard the counsel for the insurance company. The accident took place on 14.3.1995. So the provisions applicable are the provisions which stood prior to the amended Act 30 of 1995 which came into effect from 15.9.1995. Under the amended Act the maximum income to be taken is Rs.1,000/- and the factor to be applied for a permanent disablement is 50/100 and the interest to be granted is 6%. Whether this amendment would have retrospective operation was considered by a Full Bench of this Court in the decision reported in United India Insurance Co.Ltd. v. Alavi(1998(1) KLT 951). This Court held that the amendment to Section 4 and 4A is not MFA 28/2007 -:2:- retrospective and it operates only prospectively and that amendment Act enhancing the amount of compensation does not apply to an accident which occurred prior to 15.9.1995. The Apex Court in the decision reported in KSEB v Valsala(1999(3) KLT 348) also considered the same and held that it is the amount of compensation payable on the date of the accident and not the compensation payable on account of the amendment made in 1995. The Apex Court affirmed the Full Bench decision of this Court in the said judgment. So, it has to be stated that it is the unamended provision that has to be made applicable. When it is made applicable, the income to be taken can be only 50% and the interest to be awarded is only 6%. When this is applied and compensation is calculated, it will be 2000 x 50/100 x 201.66 x 10/100, which would come to Rs.10,083/-. Therefore the order passed by the Commissioner is modified and the insurance company is only liable to pay Rs.10,083/- with 6% interest from the date of accident, viz., 14.3.1995 till the date of deposit. I am informed that larger amount is deposited and therefore the applicant be disbursed the amount which he is entitled in law as mentioned above and the balance be MFA 28/2007 -:3:- reimbursed to the insurance company on application. MFA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-