IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 MACA.No. 2360 of 2008(F) ----------------------------- OPMV.419/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER/APPELLANT ---------------------------------- RAMESH S/O. PARAMESWARAN, AGED 33, TEKKODAN HOUSE, KUZHIKKATTUSSERY, THRISSUR. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): RESPONDENTS -------------------------------------- 1. DAVIS.P.J. PUTHENPURAKKAL HOUSE, CHALAKUDY. 2. GOPINATHAN S/O. SIVAN VELLAPILLY HOUSE, ANNALLOOR POST, CHALAKUDY VIA. 3. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD.,SREE KUMAR BUILDINGS, CHALAKUDY. ADV. SRI.NAGARAJ NARAYANAN FOR R2 SRI.RAJAN VELLOTH FOR R2 SRI.SAIJO HASSAN FOR R2 SRI.A.S.SABU FOR R2 SRI.BENOJ C AUGUSTIN FOR R2 SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2360 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of February, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)419/03. The claimant, a photographer by profession, sustained injuries in a road accident and he has been awarded a total compensation of Rs.18,100/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained a lacerated wound over the left middle finger with chip fracture of proximal phalanx. He was initially treated in St. James Hospital. He had also lacerated wounds over the forehead, tenderness over the knee. He was initially treated in St. James Hospital. Chalakkudy. He had also produced a disability certificate to establish that he has sustained a disability of 9%. The Tribunal did not consider the disability certificate but M.A.C.A. 2360 OF 2008 -:2:- awarded him an amount of Rs.5,000/- for discomforts. I feel the matter requires reconsideration at the hands of this Court on the following grounds. 3. Being a photographer by profession and as the accident had taken place on 7.10.01 considering the structural income it may not be incorrect to fix the income at Rs.2,500/- per mensum. When it is so the claimant will be entitled to two months loss of earnings , i.e., Rs.5,000/- out of which an amount of Rs.3,000/- is already awarded thereby entitling him to an additional compensation of Rs.2,000/-. 4. Next is regarding the disability. The Tribunal itself had clearly noted that the petitioner is not able to bent his middle finger tip due to the fracture sustained in the accident and that he has some difficulty functionally. The Tribunal would opine that it will not affect his earning capacity. When a finger cannot be bent that too in the profession of photography even if it is his left hand he has to use his both hands to handle the camera and he has to do it in different angles and precision is the fundamental character of a good photographer which requires strong and capable hands besides good perception. When there is a physical disability M.A.C.A. 2360 OF 2008 -:3:- it may affect the precision and so taking into consideration of these aspects I am inclined to fix the disability at 4%. For the age of 33 the multiplier is 17. Thus the loss of earning power per annum would come to Rs.1,200/- which when multiplied by 17 would be Rs.20,400/- out of which Rs.5,000/- already awarded is deducted. Thus the additional compensation under that head will be Rs.15,400/-. I also feel an amount of Rs.2,600/- can be awarded to the claimant towards loss of amenities which makes him entitled to get an additional compensation of Rs.20,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.20,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-