IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MFA.No. 47 of 2008() ------------------------------ WCC.38/2005 of COMMISSIONER FOR WORKMENS COMPENSATION,THRISSUR .................... APPELLANT(S): 2ND OPPOSITE PARTY: ------------------------ THE NATIONAL INSURANCE CO. LTD., THRISSUR, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G. ROAD, ERNAKULAM, KOCHI-35. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): APPLICANTS/1ST OPPOSITE PARTY: ------------------------------ 1. USHA, WIDOWN OF VIDYADHARAN, EDATHIPARAMBIL HOUSE, RESIDING AT KAROOR DESOM, KODAKARA VILLAGE, KODAKARA P.O.,MUKUNDAPURAM TALUK THRISSUR DISTRICT. 2. VINEESH VIDYADHARAN, S/O. LATE EATHIPARAMBIL VIDYADHARAN, MINOR REPRESENTED BY GUARDIAN MOTHER USHA, RESIDING AT KAROOR DESOM, KODAKARA VILLAGE, KODAKARA P.O., MUKUNDAPURAM TALUK. 3. ANEESH VIDYADHARAN, S/O. LATE EATHIPARAMBIL VIDYADHARAN, MINOR REPRESENTED BY GUARDIAN MOTHER USHA, RESIDING AT KAROOR DESOM, KODAKARA VILLAGE, KODAKARA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 4. A.T. VARGHESE, S/O. THOMASKUTTY, ATTOKKARAN HOUSE, KANAKAMALA P.O.,THRISSUR DIST. ADV. SRI.P.V.BABY FOR R1-3 SRI.A.N.SANTHOSH FOR R1-3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.F.A.No.47 of 2008 - E =============================== Dated this the 2nd day of December, 2008. J U D G M E N T KOSHY, J. A conductor of the bus insured by the appellant-insurance company sustained fatal injuries in an accident on 25.12.2004 during the course of employment. His widow and children approached the Workmen's Compensation Commissioner. Total compensation awarded is Rs.3,62,740/-. Only dispute raised by the insurance company in this appeal is that Rs.4,000/- taken as monthly income for the purpose of calculation, is on the higher side. Deceased was a conductor by profession. That fact is not disputed. Ext.A11 is the conductor's licence. Licenced conductors' daily wages including D.A is about Rs.200/- as per Kerala Motor Workers Fare Wages Act. Therefore, fixation of Rs.4,000/- as monthly income in December, 2004 cannot be said to be excessive. Hence, we find that no interference is necessary in the award and accordingly, the appeal is dismissed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-