IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 1070 of 2000(B)
1. IVAMANI.K.
... Petitioner
Vs
1. N.K.SAINUDHEEN
... Respondent
For Petitioner :SRI.PROMY KAPRAKKATT
For Respondent :SRI.A.C.DEVY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/11/2008
O R D E R
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.