The appellant was a workman under the first respondent. He was driver of a Tractor Trailer. He met with an accident while he was driving the vehicle and sustained injuries in the accident. The accident arose out of and in the course of his employment. He filed an application under Section 22 of the Workmen's Compensation Act. The commissioner found that he is entitled to compensation and fixed the amount at Rs.7,233/-. The appellant is not satisfied with the amount of compensation. 2. Heard.
3. The main ground urged in the appeal memorandum is that though the appellant was drawing monthly wages of Rs.6,000/-, the commissioner fixed the compensation taking Rs.4,000/- as his monthly income. Now a Full Bench of this court in New India Assurance Co. Ltd. v. Balachandran [2014 (4) KLT 499] has held that M.F.A.(WCC) No.225 of 2010
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if the monthly wages of the workman exceeds Rs.4,000/- it shall be deemed to be only Rs.4,000/-. In the light of this judgment the contention of the appellant cannot be entertained.
4. Ext.A11 disability certificate showed that the appellant has a permanent disability. But the commissioner refused to act upon it on the ground that even after the accident the appellant renewed his driving licence and badge and on the basis of a fitness certificate obtained from a doctor, he continues to be in service of the first respondent as a driver. In the light of his admission that he continues to be in service on the strength of a fitness certificate obtained from the doctor it cannot be said that the view taken by the commissioner is wrong. Both contentions of the appellant are without any merit.
In the result, this appeal is dismissed.
shg/ Sd/-
K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE