IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 MACA.No. 1441 of 2010(A) ------------------------------------- [O.P(MV).NO.255/2007 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM] .................... APPELLANT: ------------------- SHAJUKUMAR, AGED 31 YEARS, S/O.ACHUTHAN, KOZHIPARAMBIL HOUSE, GANDHI NAGAR,PANAMUKKU NADUPUZHA P.O.,THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM. RESPONDENTS: ------------------------ 1. SUDARSH V.N.,S/O.NARAYANANPILLAI, NEDIYAMVEETTIL HOUSE,PATTURAIKKAL, PARAKKAT LANE, HOUSE NO-28/315,THRISSUR, PIN – 680 513. (OWNER CUM DRIVER OF MOTOR CYCLE NO.KL.8 AL-4487) 2. THE NEW INDIA ASSURANCE CO.LTD, PERINCHERY BUILDING,ROUND NORTH,THRISSUR, PIN – 680 503, POLICY NO.760301/31/06/01/00012723 VALID FROM 25.11.2006 TO 24.11.2007). R2 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1441 OF 2010 = = = = = = = = = = = = = = = Dated this the 21st day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)255/07. The claimant, a 29 year old man, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.31,950/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of paragraph 8 of the award would show that the claimant was treated as an inpatient in the hospital for three days. He had sustained a traumatic amputation on right little toe with lacerated wound in 4th toe and avulsed nail of the 2nd toe. The final diagnosis was noted as crush injury right foot with traumatic amputation of right 5th toe at middle phalanx. The Tribunal did not consider any disability as such and awarded Rs.5,000/- for the amputation of little toe. It has to be M.A.C.A. 1441 OF 2010 -:2:- remembered that it is a schedule injury under the Workmen's Compensation Act and as per schedule I, Part-II, Sl.No.41, the percentage of disability would be 3%. When that 3% loss of earning capacity is taken into consideration and an income of Rs.3,000/-, being an accident of the year 2007, is also taken into consideration and also a multiplier of 17 as per the Sarala Varma's case 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) is applied the disability compensation would come to Rs.18,360/- (36,000 x 3/100 x 17). Out of this Rs.5,000/- has been awarded as compensation for the amputation of toe. So the balance disability compensation would come to Rs.13,360/-. It has to be remembered that at the age of 29 a toe has been amputated and there had been severe injuries on all the toes and therefore towards loss of amenities and enjoyment I enhance the compensation by Rs.3,000/-. Similarly for the loss of earning for at least two months I enhance it by Rs.1,500/-. The claimant should have suffered severe pain and sufferings for which I enhance it by Rs.4,000/- thus M.A.C.A. 1441 OF 2010 -:3:- making an additional compensation of Rs.21,860/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.21,860/- with 8% interest on the said sum from the date of petition till realisation and the respondent 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/-