IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 1275 of 2004() ----------------------- OPMV.608/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT (CLAIMANT BEFORE THE TRIBUNAL) --------------------------------------------------------------------------- JOSEPH VARKEY, AGED 33, S/O. VARKEY, CHOORACHIRAYIL HOUSE, ANAKUTTY BHAGOM, KATTAPPANA. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENTS: (RESPONDENTS BEFORE THE TRIBUNAL): ---------------------------------------------------------------------------------------- 1. RAJASEKHARAN, AGED 28 YEARS, S/O.BHASKARAN NAIR, NAGAMANGALAM HOUSE, KALARKOTTU, ALAPPUZHA. 2. SHAJI C.H. CHENGANAL HOUSE, UDUMBANNOOR P.O., THODUPUZHA. 3. UNITED INDIA INSURANCE CO.LTD., MUVATTUPUZHA P.O. BY ADV. SMT.P.A.REZIYA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1275 OF 2004 ===================== Dated this the 10th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)No.608 of 2000. The claimant, a baker by profession sustained injuries in a road accident and it is seen that his little finger and middle finger had been amputated through middle phalanx. The petitioner has produced a disability certificate of 3%. The Tribunal calculated the income at Rs.1,500/- and awarded Rs.1,500/- towards loss of earning. It awarded a consolidated amount of Rs.20,000/- under the heads pain and suffering and loss of amenities. Towards permanent disability it granted Rs.9,180/-. Dissatisfied with the amount awarded, the appellant has come up in appeal. 2. Learned counsel for the appellant would submit that there has been amputation of the little finger as well as the middle finger and being a baker by profession, strong hands are required to carry out the day-to-day work. What the Doctor has assessed is the permanent disability with respect to the whole body as 3%. But when a baker's two fingers are amputated at a MACA 1275/2004 -:2:- certain level, certainly it will cause him handicap in doing the work. So, I feel it is a fit case where for the purpose of fixing the compensation, at least a minimum of 6% disability can be taken for considering the loss of earning capacity of the person. Since the claimant himself has produced a disability certificate of 3% and has not relied on the Workmen's Compensation Schedule, this Court limits the percentage of disability for calculating the loss of earning capacity at 6%. Taking his income at Rs.1,500/- and disability at 6% the annual loss of earning would come to Rs.1,080/- which when multiplied with an appropriate multiplier of 17, it would come to Rs.18,360/-, which means that the claimant will be entitled to an additional compensation of Rs.9,180/- under the head loss of earning. The Tribunal has hardly granted him a month's actual loss of earning. It is too inadequate considering the factum of amputation of fingers at least another Rs.2,000/- has to be awarded under that head. Deducting 15% for the contributory negligence, which would come to Rs.1,677/-, the claimant will be entitled to an additional compensation of Rs.9503/-, which is rounded as Rs.9,500/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,500/- with 7% interest on the said sum from the date of petition till realisation and insurance company is directed to MACA 1275/2004 -:3:- deposit the amount within 60 days from the date of petition till realisation. M.N.KRISHNAN, JUDGE Cdp/-