IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 MFA.No. 74 of 2010() -------------------- WCC.343/1996 of COMMISSIONER FOR WORKME'S COMEPNSATION, (DEPUTY LABOUR COMMISSIONER), PALAKKAD .................... APPELLANT(S): APPLICANT --------------------- SMT.ATHYAN THANKA @ MUNDICHI W/O.VELAYUDHAN, KORAMKUNNU, PO, KARAKKODE VAZHIKADAVU VILLAGE, NILAMBUR TALUK MALAPPURAM DISTRICT. BY ADV. SRI.R.SUDHEESHKUMAR SRI.SUNIL KUMAR A.G SRI.GOPALAKRISHNAN T.M.(MANJERI) RESPONDENT(S): OPPOSITE PARTIES ------------------------- 1. THE EXECUTIVE ENGINEER P.W.D. (ROADS) DIVISION, MANJERI 676 121. 2. SRI.V.P.AYOOB, S/O.V.P.CHERIYAPPU HAJI KUNDUTHODE, PO, ERANHIKODE VIA EDAVANNA, MALAPPURAM DISTRICT. R1 BY SR. GOVT. PLEADER MR.P.K.BABU THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.F.A.NO.74 OF 2010 ............................................. Dated this the 17th day of May, 2010. J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Palakkad in W.C.C.No.343/1996. The claimant, a lady worker, sustained injuries in the course of employment and the Workmen's Compensation Commissioner has awarded Rs.6,897/= with 6% interest from the date of accident to the date of deposit. The principal point that had been canvassed before this Court is on facts. The incident had taken place prior to the amended provisions of the Workmen's Compensation Act and the Workmen's Commissioner has taken the reasonable income at Rs.1,000/= considering the period of 1994 as wages to a lady, accepted the disability and awarded the statutory interest then available. 2. Therefore it cannot be said that there is any perverse finding on facts and that the Court has not considered the materials. So when there is no such defect, necessarily there is no substantial question of law as contemplated under : 2 : M.F.A.NO.74 OF 2010 Section 30 of the Workmen's Compensation Act to entertain the appeal. Therefore the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE. cl : 3 : M.F.A.NO.74 OF 2010