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. 154 of 2005() ----------------------------- W.CC.223/1994 OF COMMISSIONER FOR WORKMEN'S COMPENSATION, KOZHIKODE .................... APPELLANT/APPLICANT ----------------------------------- MOHAMMED HANEEFA, S/O.ALYAMU HAJEE, NELLAYA PUTHEN PEEDIKAKKAL, AMARAMBALAM AMSOM, DESOM. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENTS/ OPPOSITE PARTIES --------------------------------------------------- 1. K.P.MOHAMMED ALI, S/O.MOOSAKUTTY, KANCHIRAPALLY HOUSE, VAZHIKADAVU AMSOM DESOM, KATTUNGAL. 2. A.T.MUHAMMED, S/O.KUNHI AHAMED HAJI, ATHIMANNIL HOUSE, MANJERI. 3. THE ORIENTAL INSURANCE COMPANY, BRANCH OFFICE, P.B.NO.8, JASEELA COMPLEX, BY PASS JUNCTION, NILAMBUR ROAD, MANJERI. BY ADV. SRI.M.JACOB MURICKAN- R3 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.154 of 2005 ===================== Dated this the 19th day of June, 2008. JUDGMENT Koshy,J. During the course of employment, the appellant sustained injuries. The Workmen Compensation Commissioner found that the accident occurred during the course of employment. The appellant filed Ext.A5 disability certificate which shows that as a result of the fracture on femur he has 7% disability. The Workmen's Compensation Commissioner accepted the same and granted compensation for loss of earning capacity. The appellant was aged 40 and the age factor was fixed as 184.17 in accordance with law. The other contention is that only Rs.1,000/- was taken as the monthly income, even though his daily income was Rs.160/-. The accident occurred in 1994. In K.S.E.B. v. Valsala K. - A.I.R. 1999 S.C. 3502, the Apex Court held that the compensation has to be calculated on the basis of the provisions of the Act prevailing on the date of accident. MFA 154/05 -: 2 :- Interest is also payable from the date of accident. Here, before the Workmen's Compensation Act was amended as Act 30 of 1995 with effect from 15.9.1995, the maximum monthly income that can be taken for calculating the compensation was only Rs.1,000/-. That was taken by the Commissioner and awarded compensation. There is no provision in the Workmen's Compensation Act to reimburse the medical bills. In the above circumstances, there is no illegality in the order of the Commissioner. Since there is no substantial question of law arises in this appeal, the same is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 26/6