Kerala High Court
Sreejith vs Azeez on 10 October, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
2024:KER:75410
MFA (ECC) NO. 85 OF 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
MFA (ECC) NO. 85 OF 2018
AGAINST THE ORDER DATED 30.11.2017 IN ECC NO.80 OF 2015
OF INDUSTRIAL TRIBUNAL & EMPLOYEE'S COMPENSTION COMMISSIONER,
KOZHIKODE
APPELLANT/APPLICANT:
SREEJITH
S/O. MURALI @ MURALEEDHARAN,
AGED 35 YEARS, CHITTAYIL VEEDU,
KUNDUTHODU P.O, KAVILUMPARA (VIA),
KOZHIKODE.
BY ADV SRI.AVM.SALAHUDIN
RESPONDENTS/OPPOSITE PARTIES 1 AND 2:
1 AZEEZ
S/O. KADEEJA, URUNIYAN HOUSE,
KUNDUTHODU P.O,
KOZHIKODE DISTRICT 673 513.
2 UNITED INDIA INSURANCE CO.LTD
WHITE LINES BUILDING, KALLAI ROAD,
KOZHIKODE 673 003.
BY SMT.JAYASREE.S
THIS MFA (ECC) HAVING BEEN FINALLY HEADR ON 10.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MFA (ECC) NO. 85 OF 2018
2
T.R. RAVI, J.
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M.F.A. (ECC) No.85 of 2018
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Dated this the 10th day of October, 2024
JUDGMENT
The appeal is preferred by the claimant seeking
enhancement of the compensation granted by the Commissioner
in ECC No.80/2015. The counsel for the appellant raises two
issues. The first issue is that the Commissioner did not grant any
interest for the amount which has been awarded towards medical
expenses. The second issue is that the Commissioner treated the
injury as loss of 50% earning capacity, which ought to have been
100% earning capacity.
2. The accident took place on 23.09.2013 resulting
in amputation of one of the legs of the appellant below the knee.
The appellant was working as a loading and unloading worker
under the 1st respondent. His submission is that since he will no
longer be able to perform his work, the injury should be treated
as 100% disability going by the documents in support of the "total
disablement". Reliance is placed on the judgment of the Hon'ble
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MFA (ECC) NO. 85 OF 2018
Supreme Court in Pratap Narain Singh Deo V. Srinivas Sabata
and Another reported in (1976 (1) SCC 289), K.Janardhan V.
United India Insurance Co. Ltd. and Another reported in
(2008 (2) KLT 995) & Indra Bai V. Oriental Insurance
Company Ltd. reported in (2023 (8) SCC 217) wherein the
Hon'ble Supreme Court has in similar circumstance, held that the
injury has to be treated as 100% loss of earning capacity.
3. The facts of the case which was considered by the
Hon'ble Supreme Court and the facts of this case are similar and
the dictum laid down by the Hon'ble Supreme Court applied to this
case. The Hon'ble Supreme Court has relied on the expression
"total disablement" contained in Section 2(1)(e) of the Act and
held that so long as the injury has resulted in a situation where
there is a permanent disablement caused to the respondent for
carrying on the work he was performing, 100% disability has to
be applied. The order of the Commissioner is hence liable to be
interfered with. With regard to the medical expenses, the counsel
relied on the judgment of this Court in Venugopalan V.
Managing Partner reported in (2024 (1) KLT 94) wherein this
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MFA (ECC) NO. 85 OF 2018
Court held that the medical expenses also form part of the
compensation under Section 4(a) of the Act and interest is liable
to be paid on such amount also. I am in respectful agreement
with the said judgment.
In the result, the appeal is allowed. The order of the
Commissioner in ECC No.82/2015 is modified, granting
compensation by treating the loss of earning capacity as 100%. It
is also held that the appellant is entitled to 12% interest on the
sum of ₹1,35,809/- which had been expended towards treatment
expenses from the date of the application till the date of payment.
Sd/-
T.R. RAVI
JUDGE
Pn
