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 22ND MAY 2008 / 1ST JYAISHTA 1930 MFA.No. 43 of 2004() -------------------- WCC.133/1993 of WORKMEN'S COMPENSATION COMMISSIONER,KOZHIKODE .................... APPELLANT: APPELLANT. --------------------- SAMI S/O.KEERANKUTTY, VALIYAVEETTIL HOUSE, VAZHAKKAD P.O., ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.THOMAS ANTONY SRI.M.P.PRAKASH RESPONDENTS: ------------- 1. SECRETARY, VAZHAKAD PANCHAYATH SCHEDULED CASTE CO-OP. SOCIETY LTD, NO.340, CHERYVAYOOR, MALAPPURAM DISTRICT. 2. UNITED INDIA INSURANCE CO.LIMITED, HOSPITAL ROAD, NILAMBUR, MALAPPURAM DISTRICT., BY ADV. SRI.P.SAMSUDIN FOR R1 SRI.K.C.MOHAMMED ASHRAF FOR R1 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.43 of 2004 ===================== Dated this the 22nd day of May, 2008. JUDGMENT Koshy,J. The appellant sustained injuries in an accident during the course of employment on 14.9.1991. In the wound certificate, the following injuries are noticed. "(1) Contaminated wound on the medial aspect of the right knee and leg, 2) Loss of muscle on the medial aspect of the right leg." In Ext.A15 medical certificate, AW4 Doctor certified that there is 60% permanent disability. He also noticed that the function of right leg completely absent at the time of examination. The Tribunal accepted Ext.A15 certificate produced by the workman and awarded a compensation. The contention in the appeal is that the Doctor deposed that the function of his right leg is completely absent and that he is unable to do any manual work. Therefore, he is entitled to get compensation for 100% loss of earning capacity. The injuries sustained are not included in Schedule I of the Workmen's Compensation Act (hereinafter referred to as the "Act") and that the compensation is to be calculated as prescribed under Section 4(1)(c)(ii) of the Act. In MFA 43/04 -: 2 :- view of the above, the Commissioner has to assess the loss of earning capacity on the basis of the medical certificate issued by the qualified medical practitioner. The qualified medical practitioner certified 60% permanent disability. If we take Explanation II, the medical practitioner has to consider the percentage of loss of earning capacity fixed for the injuries mentioned in Schedule II. There is no amputation to the right leg. Considering the loss of earning capacity fixed for amputation of right leg, 60% loss of earning for the injuries of the appellant is just and reasonable. No substantial questions of law involved in this appeal and the appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 23/5