IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 MACA.No. 102 of 2006() (O.P.(MV) NO. 693 OF 2000 OF THE MACT, TRIVANDRUM) ---------------------- APPELLANT(S): APPELLANT/APPLICANT --------------------------------- MANOJ, S/O.RAJU ASARI, VILAYIL VEEDU, NEAR OOLAMPARA JUNCTION, KANJIRAMPARA WARD, PEROORKKADA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- 1. MURALEEDHARAN NAIR, S/O.BHASKARAN NAIR, T.C.5/2163(1), MAHARAJA GARDENS, KOWDIAR WARD, THIRUVANANTHAPURAM. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., SREEHARI BUILDINGS, NEAR BUS STAND JUNCTION, MAIN ROAD, NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.M.BALAGOVINDAN FOR R1 R2 BY SC. SRI. K.K.M.SHERIFF. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 102 OF 2006 -------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. The main grievance of the appellant is against reduction of percentage of disability from 12% claimed by him to 2% by the Tribunal. Standing counsel for the insurance company submitted that appellant has sustained injury only to the thumb and the thumb is still functioning. Even though there is no amputation of full or part of the thumb, we feel the fracture would have caused permanent disability to a degree which will affect the appellant's efficiency as a carpenter. We therefore enhance the compensation for disability from Rs. 6150/- to Rs. 15,000/-. Additional compensation granted by us will carry the same rate of interest granted by the Tribunal from the date of application till date of deposit. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. 2 kk