IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 10 of 2008(A)
1. T.A. ABDULLA, AGED 47 YEARS,
... Petitioner
Vs
1. P. MOLLY, AGED 36 YEARS,
... Respondent
2. COMMISSIONER FOR WORKMEN'S COMPENSATION
For Petitioner :SRI.SHAJI CHIRAYATH
For Respondent :SRI.ANIL S.RAJ
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :31/03/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
————————————–
M.F.A. (WCC) No. 10 of 2008
—————————————
Dated this the 31st day of March, 2008
Judgment
Koshy,J.
First respondent in this case applied for compensation
contending that she sustained serious injuries in an accident during
the course of employment. She claimed an amount of
Rs.2,54,148/-. The Commissioner for Workmen’s Compensation
calculated monthly wages at Rs.2,000/- and directed the appellant
to pay Rs.2,54,148/- with interest from the date of application.
According to the claimant, she was employed as a Veneer Worker in
Prestige Plywood company of the appellant. During the course of
employment on 26.7.1999 at 7.15 a.m. she sustained traumatic
scalp avulsion. She was rushed to the Government Hospital,
Perumbavoor immeidately and later to the Specialists Hospital,
Ernakulam. She is unable to do any work and there was severe
facial disfigurement also. It is the contention of the
appellant/opposite party that the name of the establishment is not
‘Prestige Plywood Company’, but, ‘Unique Wood Industries’. He also
admitted that the accident occurred in the premises of his
M.F.A.(WCC) No. 10/2008 2
establishment. According to the appellant, she was not employed,
but, she came to collect the waste. He also explained that she was
taken from the premises of the establishment to the Government
Hospital and he has paid the entire medical expenses on
humanitarian grounds. Therefore, the accident in the
establishment is admitted. The only question is whether there was
employer-employee relationship.
2. The Commissioner, after considering the evidence,
found that the documents produced by the opposite party was with
regard to the Unique Wood Industries and not of Prestige Plywood
Industries. Ext.D1 is the registration certificate of Prestige Plywood
Industries. At the time when the claimant was admitted in the
hospital, it was mentioned that the accident occurred in the
establishment of the appellant and that was recorded in Exts.A3, A5
and A6 treatment records. Therefore, on consideration of the
evidence, the Commissioner found that the accident occurred during
the course of employment and she was employed by the appellant
in the Prestige Plywood Industries. In any event, the accident
occurred in the establishment of the appellant is admitted. The
finding that she was employed by the appellant is a finding of fact
M.F.A.(WCC) No. 10/2008 3
based on evidence and there is no substantial question of law
arising out of that point.
3. The medical board certificate shows the following
injuries:
“1. Traumatic Scalp Avulsion (Total)
following industrial accident on 26.7.1999; and
2. Permanent disfigurement of face and
scalp, hearing (R) side, loss of Pimac (R)
resulting social stigma.”
Therefore, after considering the above certificate, the Commissioner
found that the injury will come under Sl. No.5, Part I, Schedule II of
Act 1923. The Commissioner has also seen the workman. In the
above circumstances, we see no grounds to interfere with the award
of the Commissioner based on medical opinion. We note that after
awarding interest from the date of application till the date of award
on the total amount, additional interest of 12% was directed to be
given from the awarded amount till payment. This will amount to
interest on interest after award. Appellant is only liable to pay
simple interest at the rate of 12% per annum on the compensation
awarded from the date of application till the date of payment. The
amount was deposited on 31.10.2007. Therefore, liability to pay
interest is from the date of accident till 31.10.2007 at 12% simple
M.F.A.(WCC) No. 10/2008 4
interest on Rs.2,54,148/-, the compensation amount calculated by
the Commissioner.
Appeal dismissed subject to the above observations.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.(WCC) No. 10/2008 5
J.B. KOSHY
AND
K.HEMA ,JJ.
————————————-
M.F.A. (WCC) No.10 of 2008
————————————-
Judgment
Dated:31st March, 2008