NATIONAL INSURANCE CO LTD Vs. ZAKIR HUSSAIN

JUDGEMENT

(1.) Parties to a Workmens' compensation claim case has approached this Court with these appeals. MFA. 1675/98 is by the insurer and MFA. 55/99 is by the injured workmen.

(2.) The substantial question of law raised in MFA. 1675/98 filed under S.30 of the Workmen's Compensation Act, 1923 by the insurer / appellant is whether the provisions of Workmen's Compensation Act, 1923 as amended by Act 30 of 1995, which come into force on 15-09-1995. Can be applied to an accident which had occurred admittedly prior to the enforcement of the amending Act. The issue is no longer res intergra in the light of the Full Bench decision of this Court reported in United India Insurance Co. v. Slavi ( 1998 (1) KLT 951 ) and the decision of the Apex Court in KSEB v. Valsala 1999 (3) KLT 348 ). Therefore that question of law has to be answered in favour of the appellant.

(3.) The further question of law raised by the appellant is can the loss of earning capacity as deposed by the qualified medical practitioner be accepted to compute compensation in respect of an injury not made mention of in Schedule - 1 to the Act. When the certificate issued by him did contain assessment of the extent of disability alone. It is contended on the strength of the Full Bench decision reported in New India Assurance Co. Ltd. v. Sreedharan ( 1995 (1) KLT 275 ) that it cannot be.