PILLAI Vs. VASUKUTTY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises out of the order in W.C.C. 60/1995 (old No. 6/85) on the file of the Commissioner for Workmens Compensation and Deputy Labour Commissioner, Kollam.

(2.) The appellant is the employer, the opposite party in the Workmens Compensation case. The respondent herein sustained injury during and while in the course of employment under the appellant. Though there was a dispute that the respondent was not a workman and the Workmens Compensation Commissioner earlier dismissed the petition holding that the respondent is not a workman, there was an appeal before this Court as M.F.A. 177 of 1989 and in that appeal, this Court reversed the said finding and held that the respondent herein is a workman and the matter was remanded for determination of the compensation due and payable to the respondent. Pursuant to the remand order, the Workmens Compensation Commissioner awarded an amount of Rs. 34,445/- with interest at 6% per annum from 6.10.1984 towards compensation. The Workmens Compensation Commissioner found that the workman is not capable of performing his avocation prior to the accident owing to the injuries sustained by him and so he was considered to be a permanent total disabled man and held that there is 100% loss of earning capacity. The compensation arrived at was on such basis. It is the said judgment of the Workmens Compensation Commissioner that is impugned in this appeal.

(3.) The admitted facts are that the workman at the relevant time was aged 50 years and he was getting a monthly wages of Rs. 450/-. It cannot be disputed that he was a workman and the further fact that he has sustained injury during and while in the course of employment.