IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 MACA.No. 1125 of 2006() ----------------------- OPMV.277/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S)/PETITIONER: ---------------------------------------- T.A.SATHEESAN, AGED 51 YEARS, S/O.ACHUTHAN, DOOR NO.20/1572, THUNDIYIL HOUSE, NEAR DESABHIMANI READING ROOM, KONAM WEST, PALLURUTHY, COCHIN-6. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S)/RESPONDENTS: ---------------------------------------------- 1. THE JOINT COMMISSIONER OF EXCISE, EXCISE HOUSE, THIRUVANANTHAPURAM. 2. C.A.CHARLES, S/O.ALEXANDER, CHIRAMMEL VEETTIL, BEHIND OF POOPANAKUNNU SHOP, KUMBALANGHI P.O., COCHIN-7. 3. UNITED INDIA INSURANCE CO.LTD., BY ITS MANAGER, M.T.P.C. OFFICE, VETTUKATTIL BUILDING, M.G.ROAD, COCHIN-16. 4. THE ORIENTAL INSURANCE COMPANY LTD., BY ITS REGL.MANAGER, REGL.OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. GOVERNMENT PLEADER SRI.S.U. NAZAR FOR R1 BY ADV. SRI.P.JAYASANKAR FOR R3 SRI.P.V.JYOTHI PRASAD FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1125 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2009. JUDGMENT BASHEER, J, Appellant is the claimant before the Motor Accidents Claims Tribunal, Ernakulam. He had claimed a sum of Rs.1,50,000/- as compensation for the injuries sustained by him in a motor accident involving his scooter and a jeep driven by respondent No.2 herein. According to the appellant, the jeep was driven at an excessive speed and in a negligent manner by respondent No.2 at about 9.30 p.m. on August 24, 1999 at Mattancherry resulting in the accident. He had suffered a comminuted fracture of 5th metacarpal right and tendon injury of ring and little finger (right) and was treated in Gautham Hospital as an inpatient. The jeep was owned by respondent No.1 and insured with respondent No.3 at the time of the accident. Appellant contended that he was a business man earning Rs.5,000/- per month, and because of the injury he was disabled from continuing his avocation in life. M.A.C.A. 1125/2006. 2 2. The insurer admitted that the jeep was insured with them. But the allegation of rashness and negligence on the part of the jeep driver was denied. 3. The appellant did not adduce any oral evidence, but Exts.A1 to A5 were marked on his side. The respondents also did not adduce any oral evidence. However, Ext.R1, certificate of policy was produced by the Insurance Company. 4. The Tribunal, after considering the materials available on record, awarded a total sum of Rs.11,000/- as compensation to the appellant with interest at the rate of 7.5% per annum from the date of petition till date of deposit. The adequacy of the award is impugned in this appeal. 5. The appellant has produced Annexure A1 medical certificate, which, according to him, had been issued by a Medical Board consisting of an Ortho Surgeon, an ENT Surgeon and Superintendent and Chairman of the General Hospital, Ernakulam. The certificate is dated April 4, 2006. In the said certificate, the Medical Board has opined that the appellant is having a physical disability to the tune of 12% as per McBride's M.A.C.A. 1125/2006. 3 scale. The injuries noted by the Medical Board in Annexure A1 certificate are extracted hereunder: “C/o Pain (R) right & little fingers. Deformity (R) hand. O/E – 5cm long transverse scar an dorsum of (R) hand. (R) little finger has 70 FFD at PIP joint. 5th MCP joint is ankylosed in extension. 5th PIP joint has 70 FFD and further flexion upto 90 . 4th MCP has flexion upto 45 . X-ray shows malunited 5th MC with 10 laternal angulation. Based on the above clinical & radiological findings his total permanent physical disability is assessed to be 12% (Twelve) as per McBride's scale.” 6. Appellant has appeared before the court as directed. He has shown us the injured right hand. Obviously, the appellant suffers some restrictions in the movement of his little and ring fingers. 7. It is true that the appellant had not adduced any oral evidence before the Tribunal, nor had he produced the medical certificate issued by the Medical Board. The Tribunal had awarded Rs.2000/- towards M.A.C.A. 1125/2006. 4 medical and miscellaneous expenses including the expenses of a bystander, transportation and extra nourishment. Similarly he was also awarded Rs.6000/- towards pain and suffering. A further sum of Rs. 3000/- was awarded towards loss of earning for a period of one and a half months, during which he had undergone treatment. Thus a total sum of Rs.11,000/- was awarded by the Tribunal. 8. It may at once be noticed that the appellant had not produced any medical bill in support of his claim for medical expenses. Similarly, no document was produced to prove his monthly income. In that view of the matter, we do not find any reason to interfere with the award passed by the Tribunal under these two heads. 9. However, keeping in view the medical certificate issued by the Medical Board, which certifies that the petitioner is suffering from 12% disability, and also keeping in view the fact that the Tribunal has not awarded any compensation for disability, we are satisfied that in the interests of justice, it will be appropriate if the appellant is awarded Rs.15,000/- as compensation for disability. We do so. M.A.C.A. 1125/2006. 5 10. Petitioner was awarded only Rs.3000/- for loss of earning. In our view that is too low. Therefore, the said amount is enhanced to Rs.6,000/-. In other words, the appellant would be entitled to get a further sum of Rs.18,000/- over and above the amount of compensation awarded by the Tribunal. The amount shall bear interest at the rate of 7.5% per annum from the date of the petition till the date of deposit. With the above modification in the award, the appeal is disposed of. A.K. BASHEER, JUDGE P. BHAVADASAN, JUDGE sb.