IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 11^th DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 MFA (ECC) NO. 124 OF 2022 (B)

AGAINST THE ORDER DATED 26.04.2022 IN ECC No.52/2017 OF EMPLOYEES INSURANCE COURT, KOLLAM APPELLANT/OPPOSITE PARTY:

THE MANAGING DIRECTOR, REPRESENTED BY STATE FARMING CORPORATION OF KERALA LTD., ALIMUKKU P.O., KOLLAM, PIN - 689696 BY ADV DENIZEN KOMATH RESPONDENT/APPLICANT:

VASUDEVAN R, S/o RAGHAVAN, SFCK, MULLUMALA, CHEMBANARUVI P.O., PIRAVANTHOOR, KOLLAM, PIN - 689696 BY ADV S.SREEJITH THIS MFA (ECC) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Heard both sides. The question came up for consideration is with respect to the award passed by the Compensation Commissioner without ascertaining the functional disability in its true sense, for which the learned counsel for the appellant relies on the decision rendered by the Apex Court in Chandramma v. Manager, Regional Office, NCC Limited [2022 KHC 7266]. It is submitted that none of the guidelines stipulated by the Apex Court in an earlier three Bench decision in Raj Kumar v. Ajay Kumar and Another [2011 (1)