IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 MACA.No. 138 of 2003(Y) ----------------------- OPMV.669/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ---------------------------------------- STELLOUS @ STELLIUS, D/O. JOSE, AGED 9 YEARS, MINOR, REP.BY JOSE, S/O. MATHAI, AGED 43 YEARS, RESIDING AT KACHIRAYIL (CHIRAKULANGARAYIL), HOUSE, MEENKUNNAM, MUVATTUPUZHA TALUK, ARAKKUZHA VILLAGE, AS NEXT FRIEND. BY ADV. SRI.K.JAJU BABU SSMT.M.U.VIJAYALAKSHMI RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. T.M.ABOOBACKER, S/O. MOHAMMED, THOTTATHIL PUTHENPURAYIL, KAVUMKARA, MUVATTUPUZHA. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.A.C.A. No. 138 of 2003 --------------------------------------- Dated this the 16th day of October, 2008 Judgment Koshy,J. Appellant, while travelling in a bus owned by the first respondent and driven by the second respondent, sustained injuries in an accident. She filed an application through her father as next friend for compensation of Rupees Two lakhs before the Motor Accidents Claims Tribunal. The Tribunal found that the accident occurred due to the negligence of second respondent driver of the vehicle owned by the first respondent, but, total compensation awarded was only Rs.39,500/-. The only dispute is regarding the quantum of compensation. 2. Ext.A5 is the copy of the wound certificate-cum- discharge certificate. The details of injury noted therein are: (i) incomplete degloving avulsion amputation right ring finger; and (ii) avulsion injury tip of the right middle finger. Ext.A6 is the case summary issued from the hospital. Evidence shows that right ring finger of the claimant was amputated and tip of middle finger suffered avulsion injury at the age of six. There was fracture of middle finger of the right hand. The Tribunal has awarded only M.A.C.A.No.138/2003 2 Rs.15,000/- for disability. Even if 7% disability is calculated, compensation payable will be Rs.15,750/- taking Rs.15,000/- per year as notional income fixed under the second schedule for a non- earning person and taking 15 as the multiplier. We are of the opinion that Rs.750/- also should be awarded to the claimant. Loss of right ring finger and avulsion fracture of middle finger will certainly affect her marriage prospects. Claimant was a female child. Only Rs.3,000/- was awarded by the Tribunal under this head. We are of the opinion that Rs.2,000/- more ought to have been awarded for loss of marriage prospects. Only Rs.8,000/- was awarded for pain and suffering. We are of the opinion that the Tribunal ought to have awarded Rs.10,000/- as there was amputation of right ring finger at the very young age and avulsion fracture. Therefore, the appellant is entitled to an additional compensation of Rs.4,750/-. The above additional compensation of Rs.4,750/- should be deposited by the first respondent Corporation with 8% interest from the date of application till its deposit over and above the compensation awarded by the Tribunal. The appeal is allowed partly. J.B.Koshy Judge K.P.Balachandran Judge vaa M.A.C.A.No.138/2003 3 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- M.A.C.A. No.138/2003 ------------------------------------- Judgment Date:16th October,2008