IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MFA.No. 690 of 2002() ------------------------------ WCC.27/1997 OF W.C.C. ,THIRUVANANTHAPURAM. .................... APPELLANT: APPLICANT ------------------------------------ N.SASIDHARAN S/O. NARAYANAN, N.S.MANDIRAM,MULAYARATHALAKKAL,VILAVOORKKAL VILLAGE, THIRUVANANTHAPURAM DIST. BY ADV. SRI.N.MAHESH RESPONDENTS: OPPOSITE PARTIES ---------------------------------------------------- 1. RADHAKRISHNAN N.K.,S/O.KUNJU VELU, NEROLI HOUSE, KALLUR, THRISSUR DISTRICT. 2. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, ALENGHADEN,BUILDINGS, TANA,IRINJALAKUDA 080 121. 3. VIJAYAKUMAR,THODIYIL VEEDU,VAYALARIKOM, KESAVADASAPURAM,PATTOM,THIRUVANANTHAPURAM. ADV. SRI.P.JAYASANKAR FOR R2 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.F.A. No. 690 of 2002 and C.M.P.No.4101 of 2002 --------------------------------------- Dated this the 28th day of August, 2008 Judgment Koshy,J. This appeal is filed with a petition to condone the delay of 826 days in filing the appeal. According to the claimant, he sustained injuries in an accident during the course of employment. According to him, he was getting Rs.4,500/- as monthly salary. The accident occurred on 21.9.1996. At that time, the maximum amount of monthly income that could be taken for calculation of compensation under the Workmen's Compensation Act was Rs.2,000/-. The Supreme Court in KSEB v. Valsala (AIR 1999 SC 3502) held that compensation can be calculated only on the basis of the provisions in the Workmen's Compensation Act prevailing on the date of the accident. The doctor certified 10% disability and the Commissioner has awarded compensation based on section 4 (1) (c) (ii) of the Act. The Commissioner has awarded compensation for 10% loss of earning capacity on the basis of the medical certificate. The appellant was aged 32 at the time of accident and the M.F.A.No.690/2002 & C.M.P.No.4101/2002 2 Commissioner took the correct relevant factor as per the Workmen's Compensation Act and compensation was calculated and, therefore, there is no merit in the appeal. Apart from that, no valid reasons are stated for condoning the long delay of more than two years in filing the appeal. Hence, both the delay condonation petition and the appeal are dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A.No.690/2002 & C.M.P.No.4101/2002 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A. No.690/2002 and C.M.P.No.4101/2002 ------------------------------------- Judgment Dated:28th August, 2008