IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MFA.No. 1070 of 2000(B) ---------------------------------- APPELLANT/ APPLICANT: ------------------------------------- SIVAMANI.K, S/O. APPUCHAMI, VALARA HOUSE, NATUKAL.P.O., PALAGHAT DISTRICT. BY ADV. SRI.PROMY KAPRAKKATT. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. N.K. SAINUDHEEN, S/O. ASSAINAR, MADAKKAVIL HOUSE, CALICUT ROAD, PERINTHALMANNA. 2. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, THAVAKKAL BUILDINGS, MAIN ROAD, OTTAPALAM. R2 BY ADV. SRI.A.C.DEVY. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1070 OF 2000 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2008. J U D G M E N T This appeal is preferred against the order of the Workmen's Compensation Commissioner, Thrissur in W.C.C.60/97. The claimant, a driver by profession, sustained injuries in a road accident. The insurance company disputed the employer-employee relationship so also the entitlement to get compensation. The application was dismissed by the Compensation Commissioner holding that the claimant has not succeeded in proving his entitlement under the Workmen's Compensation Act. The nature of injuries sustained by the claimant are only some contusions, abrasions and lacerations. Under S.4(1)(c) of the Workmen's compensation Act, in order to enable the claimant to get compensation he will be able to prove that the injury has resulted in the loss of earning capacity and it must be evidenced by medical certificate and proved by the same. Unfortunately, in this case not even a scrap of paper M.F.A. 1070 OF 2000 -:2:- showing any disability is produced and there is no materials to show that the injury had affected the claimant's earning capacity in any manner. Therefore he has not succeeded in proving the ingredients necessary to award him a compensation under the Workmen's Compensation Act. What is precisely done by the Compensation Commissioner is the same and it does not call for interference. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/- M.F.A. 1070 OF 2000 -:3:- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 1070 OF 2000 = = = = = = = = = = = J U D G M E N T 24th November, 2008.