IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MFA.No. 69 of 2004() -------------------- WC.154/1999 of W.C.C.,KOZHIKODE .................... APPELLANT(S): APPLICANT: ------------------------ N.P. RAFEEQ, S/O. ALIKOYA, NHERA PARAMBATH HOUSE, P.O. CHELANNUR, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): OPPOSITE PARTIES: -------------------------------- 1. P. ABDU RAHIMAN, PAVATHINGAL HOUSE, KARUVAMPARA, PATTIKKAD, MALAPPURAM. 2. M/S. UNITED INDIA INSURANCE COMPANY LTD. BRANCH OFFICE, E.K. BUILDING, CALICUT ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT. ADV. SRI.M.SHAJU PURUSHOTHAMAN FOR R.1 SRI.K.S.RAJESH SRI.J.MATHAPPAN FOR R2 SMT.D.GEETHA FOR R2 SRI.AGINOV MATHAPPAN FOR R2 SMT.K.SHERIN MOHAN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A No.69 of 2004 ----------------------------------------- Dated this the 6th day of October, 2008 JUDGMENT Ramachandran Nair .J, Heard counsel for the appellant and standing counsel appearing for the Insurance Company. This appeal is filed against reduction of loss of earning capacity from 30% certified by the Doctor to 12% by the Workmen's Compensation Commissioner. On going though the nature of injuries stated in the award and the certificate of loss of earning capacity issued by the Doctor, we do not find any justification in the reduction of earning capacity from 30% to 12%. We consequently modify the award by reckoning the disability at 30% and re-fix the compensation at Rs. 80175.60 with 12% interest per annum. The insurance company is directed to deposit the above said sum. This appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.F.A. No. 69 of 2004 ---------------------------- JUDGMENT 6th October , 2008