IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 M.A.C.A.No. 2087 of 2006(G) ----------------------- OP(MV).261/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- SINOJ JOHN, S/O.A.O.JOHN, ALAPPATT HOUSE, ASOKAPURAM P.O., ERNAKULAM DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS IN OP(MV) ---------------------------------------------------------- 1. P.P.THOMAS, S/O.PAULO @ POULOSE, PALATTY HOUSE, PUTHENVELIKARA P.O., ERNAKULAM DISTRICT. 2. P.P.DAVIS, S/O.POULOSE, PALATTY HOUSE, PUTHENVELIKARA P.O., ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., MUNICIPAL BUILDING, MAIN ROAD, PARAVUR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH THOMAS FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2087 OF 2006 = = = = = = = = = = = = = = = Dated this the 18th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)261/02. The claimant, a salesman aged 21 years sustained injuries in a road accident. He had sustained a compound fracture of the distal phalanx with deformity of left little finger with other injuries. The Doctor assessed the disability at 5%. The Tribunal found that he has difficulty to pull or push with his left little finger as noted by the Doctor and therefore taken into consideration 2% disability and calculated the compensation. It cannot be said to be incorrect because the disability noted are trivial in character. But the Tribunal has only taken the income at Rs.1,500/- for a salesman which at least can be fixed at Rs.2,000/-. When it is done for actual loss of earnings for two months he will be entitled to an additional compensation of Rs.1,000/-. For disability in stead of Rs.6,120/- he will be entitled to Rs.8,160/-. So the M.A.C.A. 2087 OF 2006 -:2:- additional compensation would come to Rs.2,040/-. For a disfiguration coupled with a compound fracture only an amount of Rs.2,000/- has been granted towards loss of amenities. It is also on the lower side and I enhance it by another Rs.2,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.5,040/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,040/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-