IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 MACA.No. 2366 of 2009() ----------------------------------- OPMV.1116/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER ------------------------------------- RAMESH, AGED 24 YEARS, S/O. ALAKASWAMI, DOOR.NO.III A-25, THUDIYAPETTY DESOM, ALANKANNELLUR VILLAGE, VADIPPETTY TALUK, MADURA DIST., TAMILNADU. BY ADV. MR.SHEJI P.ABRAHAM RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. AJEESH, AGE 28 YEARS, S/O. VARGHEESE.A.C., ARAKKAPARAMBIL HOUSE, NADAVARAMBU DESOM, VELOOKKARA VILLAGE, KORATTY.P.O. (DRIVER) 2. K.K. FRANCIS, S/O. KOCHUDEVASSY, KOKKATTU HOUSE, AVITTATHOOR.P.O., IRINJALAKUDA, (OWNER) 3. THE NEW INDIA INSURANCE CO. LTD., PERINCHERY BUILDING, ROUND NORTH, THRISSUR, POLICY NO. 760101/31/05/14775 VALID FROM 30.12.2006 TO 29.12.2006. R3 BY ADV. MR.N.S.MOHAMMED USMAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2366 OF 2009 ............................................. Dated this the 3rd day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.1116/2006. The claimant, a 24 year old man claiming to be an electrician, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.27,250/=. Dissatisfied with the same, the appellant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained contused abrasion of 5x4 cm on the medial aspect of right palm with suspected fracture. The radiological examination revealed that he had sustained a fracture of the 5th metacarpal. Initially he was admitted in the hospital on 24.9.2006 and discharged on 5.10.2006. 'K' wiring was done and he was admitted in the hospital for removal of the same on 8.11.2006 and discharged on 10.11.2006. He had also produced a disability certificate : 2 : M.A.C.A.No.2366 OF 2009 but it was not proved. The learned counsel for the appellant had made available before me for perusal a copy of the certificate which is issued by a doctor attached to Aswani hospital but he has not treated the patient. According to him, there is difficulty in bearing weight in the right hand and there is also restriction of movements and the power to grip is also reduced. On a clinical evaluation, the doctor has calculated the disability at 5%. 3. Since the doctor is not examined and the claimant is also not examined, I feel in the fitness of things 3% disability can be adopted and compensation can be calculated. Applying the dictum in Sarla Verma v. Delhi Transport Corporation(2009 ACJ 1298) the multiplier for the age group of 25 would be 18 and when the income is taken at Rs.2500/=, the permanent disability compensation would come to Rs. 16,200/= out of which Rs.10,200/= has been granted. Therefore there will be an enhancement of Rs.6,000/= under that head. Certainly when hand is involved, it will cause loss of amenities and enjoyment in life besides pain and sufferings. So I enhance the compensation : 3 : M.A.C.A.No.2366 OF 2009 by Rs.2,000/= more thereby making an additional compensation of Rs.8,000/=. 4. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/= with 8% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2366 OF 2009