IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MFA.(W.C.Act)No. 146 of 2005() ------------------------------------------- CC.59/2001 of W.C.C., KANNUR .................... APPELLANT/2ND OPPOSITE PARTY --------------------------------------------------- THE ORIENTAL INSURANCE CO LTD., CITY BRANCH OFFICE, SOUTH BAZAR, KANNUR, REPRESENTED BY THE AUTHORISED SIGNATORY, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, KOCHI-682 018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS/APPLICANT & 1ST OPPOSITE PARTY ----------------------------------------------------------------------------- 1. SIBY N.J., S/O.JOSEPH, NELLOLIKKAL, KOOMANTHODE P.O., IRITTY. 2. M.G.BINDU, D/O.GEORGE, MUNDAKKAL HOUSE, P.O.KANICHIYAR. ADV. SRI.GRASHIOUS KURIAKOSE FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- M.F.A.(W.C.Act).NO.146 OF 2005 (A) ----------------------------------- Dated this the 10th day of November, 2008 J U D G M E N T KOSHY,J. First respondent in this appeal sustained serious injuries during the course of employment. In the application for compensation, the Workmen's Compensation Commissioner awarded a total amount of Rs.1,04,228/- apart from another Rs.9,000/- as half monthly payment. First contention raised by the appellant Insurance company is that Rs.3,000/- fixed as monthly income by the Commissioner is against statutory limit as held in K.S.E.B. v. Valsala (1999 (3) KLT 348), wherein Honourable Supreme Court held that compensation has to be calculated taking into account the statutory provisions on the date of accident. The accident occurred on 24.1.1999. Therefore, maximum salary that could be taken for calculation of compensation is Rs.2,000/-. If that be so, compensation payable will be Rs.2,000 x 60/100 x 26/100 x 222.71 = Rs.69,485.52. Apart from the above, Commissioner found that appellant was unable to do any work for six months. But, while compensation was calculated, half monthly MFA.146/2005 2 compensation was calculated for 12 months. Under Section 6 (2) of the Workmen's Compensation Act, even if permanent disability is assessed, half monthly compensation paid for temporary disability is to be deducted. Since compensation was awarded for permanent disability, half monthly compensation has to be deducted. Here as a condition precedent for filing the appeal, the entire amount with 12% interest was deposited by the appellant. The amount deposited is Rs.1,97,321/-. Claimant was already allowed to withdraw Rs.80,000/-. We are of the opinion that claimant is entitled to Rs.69,485/- with 12% interest from the date of accident (21.4.1999) till date of deposit (29.6.2005) apart from the costs of Rs.3,000/- ordered by the Commissioner. If any additional amount is payable, it should be disbursed to the claimant immediately. Meanwhile, excess amount in deposit should be refunded to the Insurance company. Appeal is accordingly allowed in part. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp