Asha, J.

Shri John Joseph Vettikkad takes notice for the second respondent. There is no appearance for the first respondent. We heard the learned Counsel appearing for the parties on both sides and are disposing the MFA.

2. The grievance of the appellant is over the percentage of disability reckoned by the Employees Compensation Commissioner for determining the compensation to him. The appellant was a bus conductor. He sustained severe injuries during the course of his employment, on 01.10.1991, when the bus lost control and hit on a tree. As per the disability certificate, Ext.X1 issued by the Medical Board, the occupational disability of appellant was assessed as 90%. Accordingly, the Employees Compensation Commissioner awarded a sum of Rs.7,18,373/- reckoning disability at 90% alone. The contention of the appellant is that he is completely bedridden and incurred cent percent functional disability. He is unable to carry out any kind of work. Therefore, the Compensation Commissioner ought to have reckoned his disability as 100% for assessing the compensation.

3. From the records available we find that the appellant, who sustained very severe injuries, though his disability