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