IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 856 of 2009() ------------------------------- OP(MV).197/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- NATIONAL INSURANCE CO.LTD, THIRUVANANTHAPURAM, REP.BY THE MANAGER, KOCHI REGIONAL OFFICE,M.G.ROAD,COCHIN-35. BY ADV.MR.E.M.JOSEPH RESPONDENT(S): CLAIMANT AND RESPONDENT NO.1 & 2 -------------------------- 1. BIJU,PACHAMULAMOOTTIL VEEDU,MAHADEVAR, KATTINPURAM,KALLARA, THIRUVANANTHAPURAM. 2. SURESH, S/O.CHELLAPPAN CHETTIYAR, R.S.BHAVAN,NILAKKAMUKKU,KADAKKAVOOR, THIRUVANANTHAPURAM. 3. MURALIKUMAR,S/O.THANKAPPAN PILLAI, PULINJUKKAL POIKA VEEDU, PAZHAYA CHANTHA, KALLARA.PO,THIRUVANANTHAPURAM. R2 BY ADV. MR.P.K.MUHAMMED THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.856 OF 2009 ............................................. Dated this the 7th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Attingal in OP(MV)No.197/2002. The claimant, a 19 year old young man sustained injuries in a road accident while he was working as a cleaner which resulted in amputation of the left index finger at the phalanges. The Tribunal awarded a total compensation of Rs.84,200/= and directed the insurance company to pay the amount and get it reimbursed from the owner as the driver did not have any valid driving licence. It is against that decision the insurance company has come up in appeal. 2. Heard the learned counsel for the claimant as well as the owner. The first point argued before me is regarding the excess award of compensation. A perusal of the medical records would make it clear that the injury sustained is amputation of the left index finger on the phalanges. Unfortunately the Tribunal in stead of finding of the percentage of the disability for the index finger, found out : 2 : M.A.C.A.NO.856 OF 2009 as for the thumb and calculated the compensation. The Workmen's Compensation Schedule Part -2 Entry No.10 gives the percentage of the disability as 20%. Actually, the relevant entry to be noted is Part-2 item 29 which deals with index finger of the left hand or right hand. The medical records convincingly establish that it is only the index finger of the left hand that is amputed. Therefore, the loss of earning capacity as per Item 29 would be only 9%. When it is so, the disability compensation has to be recalculated. The Tribunal has taken the multiplier of only 16 whereas as per the decision of the Apex Court in Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298), a fresh table is given which would indicate that the appropriate multiplier for the age group of 15 to 20 is 18. So, when the income is taken at Rs.2,000/= and the percentage of disability at 9% and the multiplier of 18 is used, then the disability compensation would come to Rs.38,880/=. The Tribunal has awarded Rs.57,600/= and therefore the reduction would be Rs.18,720/=. Since I am considering the entire matter to find out a just and : 3 : M.A.C.A.NO.856 OF 2009 reasonable compensation, this Court is certainly entitled to look into other heads as well though it is an appeal filed by the insurance company for the reduction of the compensation. When a person has sustained amputation of a finger certainly it would have caused him excruciating pain and mental agony and therefore anamount of Rs.4,000/- is awarded as pain and suffering compensation is inadequate and therefore, I enhance it by Rs.4,000/=. Therefore, total reduction would come to only Rs. 15,720/= When the said amount is deducted from the total compensation awarded, the claimant will be entitled to a total compensation of Rs.68,480/=. It is seen that in spite of filing an application to produce the driving licence, the owner and the driver did not produce the same and so the court drew an adverse inference and found breach of policy conditions and directed the owner to reimburse the insurance company on satisfaction of the award by the company to the claimant. There is no irregularity in the said finding. That is sustained. In the result, the claimant is awarded a compensation : 4 : M.A.C.A.NO.856 OF 2009 of Rs.68,480/= with 7% interest on the said sum from the date of application (2.2.2002) till date of realisation. The insurance company shall deposit the amount and get it reimbursed from the owner by execution of the very same award. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 5 : M.A.C.A.NO.856 OF 2009