IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 MACA.No. 1971 of 2010() -------------------- OPMV.2648/2005 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................. APPELLANT / PETITIONER : ----------------------------------------- SAIDALAVI, S/O.MUHAMMED AGED 38 YEARS, RESIDING AT PUNATHUMKANDIYIL HOUSE, P.O.MANIPURAM, (VIA) KODUVALLY, KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS / RESPONDENTS: ----------------------------------------------- 1. ABDUL SALAM P.K, S/O.MUHAMMED, AGE NOT KNOWN, RESIDING AT PANDIKKODY HOUSE P.O.CHAMAAL, THAMARASSERY, KOZHIKODE 67 3 601. 2. AZEEZ.N, S/O.KUNHASSAN, AGE NOT KNOWN, RESIDING AT KARINGAPOYIL HOUSE, KARIKOTTAKKARI, P.O.KOOMANTHODU, KOZHIKODE 673 704. 3. UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD KOZHIKODE 673 003. R3 BY ADV. SRI.K.KESAVANKUTTY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1971 OF 2010 = = = = = = = = = = = = = = = Dated this the 6th day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 2648/05. The claimant, a 38 year old man, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.28,735/-. 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. The only point which I am considering in this case is regarding the loss of earning capacity that has occasioned on account of the amputation of toes. I find from the award that the Tribunal has given compensation other than one for loss of earning capacity or permanent disability. As per the award other than the great toe there is amputation on the other four toes but the wound certificate made M.A.C.A. 1971 OF 2010 -:2:- available before me would show that there is partial amputation of the first and 2nd toe with complete amputation of the 3rd toe. The amputation of toe is a schedule injury under the Workmen's Compensation Act. As per schedule I of part II, when one toe other than the big toe is completely amputated the loss of earning capacity comes to 3%. When there is amputation of two toes of one foot excluding the great toe i.e. the amputation part with some loss of bone the loss of earning capacity is assessed at 2%. Therefore for the complete amputation of one toe and in view of the partial amputation of two toes the loss of earning capacity can be taken at 5%. Considering the year of the accident, an amount of Rs.2,000/- can be fixed as a reasonable income per month. According to Sarala Varma's case 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the multiplier to be used in between the age group of 36 and 40 is 15 therefore M.A.C.A. 1971 OF 2010 -:3:- when the disability is taken at 5%, income at Rs.2,000/- and a multiplier of 15, the disability compensation would come to Rs.18,000/-. Under all other heads I find the Tribunal has awarded a reasonable compensation and that does not call for any interference. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.18,000/- with 7% 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/-