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The New India Assurance Company … vs Surendran on 23 June, 2009

Kerala High Court
The New India Assurance Company … vs Surendran on 23 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 145 of 2009()


1. THE NEW INDIA ASSURANCE COMPANY LIMITED,
                      ...  Petitioner

                        Vs



1. SURENDRAN,S/O.KRISHNAN NAIR, KANDIYIL
                       ...       Respondent

                For Petitioner  :SRI.MATHEWS JACOB (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :23/06/2009

 O R D E R
         K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.
                 - - - - - - - - - - - - - - - - - - - - - - - -
               M.F.A. (W.C.C.) NO: 145 OF 2009
                 - - - - - - - - - - - - - - - - - - - - - - - -

              Dated this the 23rd Day of June, 2009.

                               JUDGMENT

Joseph J.

This is an appeal filed under Section 30 of the Workmen’s

Compensation Act. The application filed by the first respondent

under Section 22 has been allowed in a sum of Rs.1,22,310/- and

the appellant has been called upon to deposit the amount with

interest at 12% from the date of the accident.

2. Learned counsel for the appellant, Insurance Company

would seek to urge that the Commissioner ought not to have

awarded the compensation on the basis that there was 50%

occupational disability. We find that the Commissioner has found

that the injuries are scheduled injuries coming under Schedule I,

Part – II, Sl. No.20 of the Workmen’s Compensation Act. This

would constitute 50% occupational disability. We find that the

claimant has examined himself as AW1 and adduced evidence in

M.F.A. (W.C.C.) NO: 145 OF 2009

: 2 :

the form of Ext. A2 Accident Register-cum-Wound Certificate and

Ext.A3 Discharge book of the Medical College Hospital. In a case

where the injury is scheduled injury, there is no need for any

medical certificate showing the loss of earning capacity, as it is

fixed under the Act itself. As to whether it was a scheduled injury,

is a question of fact and there appears to be evidence in support of

the same.

3. The further question of law purportedly raised is the

liability of the Insurance Company to pay the interest from the date

of the accident. This issue, we have already taken the view, can

no longer be treated as a substantial question of law, in view of the

fact that the Division Bench of this Court in National

Insurance Company Ltd. Vs. Rekha (2007(4) KLT 386)

has taken the view that in the light of the earlier larger Bench

decision of the Apex Court, the later decision of the smaller Bench

would not prevail and in accordance with the view of the larger

Bench, it cannot be said that the direction of the Commissioner to

M.F.A. (W.C.C.) NO: 145 OF 2009

: 3 :

the appellant to pay the amount with 12% interest from the date of

accident is in any way illegal. No substantial question of law

arises for consideration.

The Appeal is without any merit and it is dismissed.

K. M. JOSEPH, JUDGE

M. L. JOSEPH FRANCIS, JUDGE.

dl/

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