IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 MFA.No. 127 of 2000() --------------------- OPMV.2867/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT: PETITIONER: ----------- RAVI, AGED 41 YEARS, S/O. NARAYANAN, SREEMULANAGARAM P.O., KALADY VIA. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: RESPONDENTS; ------------- 1. JAMES PAUL, S/O. THOMAS, MANAVALAN HOUSE, SREEMULANAGARAM P.O., KALADY. 2. SAYED ALAVI, S/O. MAKKARUPILLAI, THACHIKUDI HOUSE, MARAMBALLI P.O., PERUMBAVOOR. 3. ORIENTAL INSURANCE COMPANY LTD., BRANCH – ANGAMALY. 4. NEW INDIA INSURANCE COMPANY, M.G. ROAD, RAVIPURAM, KOCHI-16. 5. MR.D.SANTHOSH, KAIMAPARAMBIL HOUSE, KALADY BUILDING, PERUMBAVOOR. BY ADV. SRI.MATHEWS JACOB FOR R3 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R4 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 9-1-2008, THE COURT ON 09/01/2008 DELIVERED THE FOLLOWING: JUDGMENT When the appeal is called, neither the appellant nor his counsel is present. Hence, the is dismissed for default. 9-1-2008.- Sd/-J.B. Koshy, Judge. Sd/- K. Hema, Judge. /true copy/ P.A. to Judge. J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 127 of 2000 --------------------------------------- Dated this the 8th day of July, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident on 23.6.1994. He filed an application for compensation of Rupees Three lakhs. The tribunal found that the accident occurred due to the negligent driving of the vehicle insured by the third respondent insurance company, but, compensation ordered to be deposited by the insurance company was only Rs.89,900/-. Only quantum of compensation is disputed in the appeal. As far as the injuries are concerned, the tribunal noticed as follows: "As per the averments in the petition in the accident the petitioner has sustained the following injuries: 1. Crush injury right middle finger; 2. Amputation of (R) middle finger; 3. Lacerated contaminated injury middle of proximal phalanx; 4. Compound fracture proximal phalanx; 5. Both digital nerves cut; 6. Ulnar digital artery intact; 7. Radial digital artery cut; 8. Abrasion on the right and left leg; M.F.A.No. 127/2000 2 9. Abrasion right elbow joint and left thigh." To prove that in the accident the petitioner has sustained the aforesaid injuries the petitioner has relied on Ext.A3 copy of the wound certificate and Ext.A5 medical certificate. A perusal of the said documents would show that in the accident the petitioner has sustained the following injuries: "Right middle finger incomplete crushed; Amputation of right middle finger, lacerated contaminated injury middle of proximal phalanx, in tact 0.5 c.m. dorsal skin; compound fracture proximal phalanx, both digital nerves cut, ulnar digital artery in tact, radial digital cut, index finger, abrasion right elbow right skin." The said documents would further go to show that the fractures were fixed with K-wire and digital nerve were repaired and the petitioner was treated in the hospital as inpatient for a period of 55 days and thereafter he was treated as outpatient. Then again he was readmitted on 5.9.94 and discharged on 9.9.1994." Ext.A6 is the disability certificate issued by Dr. K.K.Narayanan, Civil Surgeon and Orthopaedician, General Hospital, Ernakulam. According to the above certificate, he has got 30% disability. The entire middle finger has been amputated and other fingers were disabled and he lost grip and holding ability. The tribunal noticed the same, but, no compensation was awarded in the multiplier method. The tribunal observed as follows: M.F.A.No. 127/2000 3 "In Ext.A6 the doctor who issued the same has stated that there was loss of all movements of fingers preventing gripping and holding ability. While the petitioner as PW1 was in the box I witnessed the same which is still fresh in my mind. Therefore, considering the nature of injuries sustained by the petitioner in the accident and the said disability which I witnessed while the petitioner was in the box,I allow a sum of Rs.20,000/- in these counts." Considering the amputation of middle finger and defficulties, we are of the opinion that compensation ought to have been awarded on a multiplier method for 20% disability. According to the claimant, he was a manager in a toddy shop. The general manager of V.R. Vijayakumar and Company who was conducting the toddy shop in Aluva Range who issued Ext.A7 salary certificate stated that he was getting an amount of Rs.4,092/- per month. The tribunal has fixed only Rs.1,000/- as monthly income. Even if he was getting Rs.100/- per day, he will get at least Rs.2,500/- per month. He was an employee of the toddy shop. It is proved by Ext.A8 employment certificate. At the time of accident, he was aged 41 years. Therefore, apt multiplier is 15. Then, compensation payable for 20% disability will be Rs.2,500 x 12 x 15 x 20 = Rs.90,000/-. 100 Hence, claimant will be entitled to Rs.70,000/- more for disability M.F.A.No. 127/2000 4 and loss of earning power. From the above, Rs.20,000/- has to be deducted and additional amount payable for disability will be Rs.70,000/-. The tribunal found that he was under treatment for four months and Rs.4,000/- was awarded for loss of earning power for the period of treatment taking Rs.1,000/- as the monthly income. Since we have taken Rs.2,500/- as the monthly income, he is entitled to Rs.6,000/- more. It is contended that compensation granted under other heads are very low. Considering the total amount granted, we are not enhancing the same. Therefore, additional amount of Rs.76,000/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the tribunal. On deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 127/2000 5 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 127 of 2000 ------------------------------------- Judgment Dated:8th July, 2008