IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 185 of 2003() ---------------------- OPMV.4477/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------- LINCY JOHN, CHERUKULATHINGARA, PUTHENPURAKKAL HOUSE, P.O., MAVOOR, KOZHIKODE. BY ADV. SRI.MANJERI SUNDER RAJ SRI. P V.KUNHI KRISHANAN RESPONDENTS: RESPONDENTS ------------------------ 1. T.A.ABDULLA, S/O. MUHAMMEDKOYA, THAZHATHANASSERI VEEDU, KUTTIKKATTOOR AMSOM, PRINGOTTUPURAM DESOM, KOZHIKODE TALUK. 2. T.K.ABDULLA, S/O. ABDURAHIMANKUTTY, THEKKEKANDY VEEDU, PERUMANNA AMSOM, KUTTIKKATTOOR DESOM, KOZHIKODE TALUK. 3. UNITED INDIA INSURANCE CO.LTD., CITY BRANCH OFFICE, AHAMMED BUILDING, 9/544 F-CHEROOTTY ROAD, CALICUT. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.185 of 2003 .................................................................... Dated this the 16th day of July, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Even though counsel submitted that compensation awarded for disability at Rs.50,000/- is too low, counsel for the Insurance Company pointed out that under permanent disability, a further sum of Rs.40,000/- is granted. Even though petitioner has lost three fingers, having regard to the total compensation awarded under these two heads, we do not think any addition is called for, for permanent disability. However, strangely the MACT has not awarded any compensation for loss of enjoyment and amenities in life. The appellant, a young lady of the age of 15 at the time of accident, lost three fingers which would have affected her enjoyment in life very badly. Even though some reconstruction is done through surgical methods, we do not think the same will substitute for original fingers. In the circumstances, we award a compensation of Rs.50,000/- towards loss of enjoyment and amenities in life. The Insurance 2 Company will deposit the additional compensation along with interest at 7.5% per annum from date of application till date of deposit before the MACT. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms