KOCHU VELU Vs. PURAKKATTU JOSEPH

JUDGEMENT

(1.) KOCHU Velu was a coconut climber. He fell down from the tree on 16-6-1972. There was a multiple fracture of the left hand. He cannot hereafter climb the trees. He lost his avocation and claimed compensation under the Workmen's Compensation Act. Joseph, his employer disputed the claim and contended that Kochu Velu was only a casual employee. The Commissioner accepted the contention and rejected the claim. Velu filed appeal to this Court. The appeal was allowed and it was held that he was a workman entitled to compensation. The matter was sent back to the Commissioner for fixing the compensation amount. This decision is dated 2-1-1980 and is reported in Kochu Velu v. Joseph 1982 A.C.J. (Supp) 486 (Kerala).

(2.) THEREAFTER the Commissioner found that the appellant was getting an average monthly income of Rs. 5.25; he would come under the lowest wage group according to Schedule IV of the Act, that there was no total disablement, the earning capacity was 50% and thus awarded him Rs. 700/- as compensation.

(3.) THE counsel for the appellant conceded that the appellant was in the lowest wage group ; but mainly raised three contentions: