IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 MFA.No. 1556 of 2001(D) -------------------------------- WCC.208/1997 of COMMISSIONER FOR WORKMEN'S COMPENSATION, KOZHIKODE. .................... APPELLANT: APPLICANT ------------------- GIREESAN, S/O/ IMBICHUNNI, CHAVITTILANCHERY HOUSE, P.O.PERUMANNA, (VIA), MEDICAL COLLEGE, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: OPPOSITE PARTIES:- ----------------------- 1. V.K.MUHAMMED ALI, S/O. MOOSA, VYTHILA MANNUMAL HOUSE, P.O.CHEROOPPA, KOZHIKODE. 2. THE UNITED INDIA INSURANCE , COMPANY LTD., WHITE LINES BUILDINGS, KALLAI ROAD, KOZHIKODE. BY ADV. SRI.P.SANKARANKUTTY NAIR - R2 SRI.C.P.MOHAMMED NIAS - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/ 02/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1556 OF 2001 (D) ----------------------------------- Dated this the 1st day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant a cleaner in a lorry met with an accident by which he suffered compound fracture of mandible, fracture of teeth etc. Even though he was getting Rs.3,000/- as wages, tribunal only fixed Rs.2,000/- as in K.S.E.B. v. Valsala (1999 (3) KLT 348 (SC)), Supreme Court held that the workman is entitled to get compensation under the Workmen's Compensation Act the moment he suffers personal injuries in an accident during the course of employment and the amount of compensation is payable as per the provisions of the Act on the date of the accident and not the amount of compensation payable on account of subsequent amendments in the Act. On the date of the accident (29.7.1996), the maximum monthly salary that can be taken into account for calculation of compensation was Rs.2,000/-. He was earning MFA.1556/2001 2 more than Rs.2,000/- per month will not enhance the amount of compensation, as maximum monthly income of Rs.2,000/- was taken by the Commissioner for calculating compensation. Commissioner has assessed 10% loss of earning capacity after personally seeing him and on the basis of medical certificate. The total amount of compensation awarded is Rs.26,216/-. We are of the view that compensation was calculated as per the provisions of the Workmen's Compensation Act and no interference is required, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1556 OF 2001 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st February, 2008