IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 MACA.No. 1121 of 2009(B) ---------------------------- OPMV.1229/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA ......................... APPELLANT(S): PETITIONER ------------------------ RAVI,S/O.VELIYATHPARAMBIL PARAMU, PARIYARAM VILLAGE, MOTHIRAKANNI DESOM AND P.O. MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENT(S): RESPONDENTS ---------------------------------------- 1. P.P.LAIJU,30/24,PULLAN HOUSE, POTTA, CHALAKUDY,. 2. JINSON,S/O.THOTTIYAN DEVASSIKUTTY, VETTIKUZHY, KUTTICHIRA. 3. THE UNITED INDIA INSURANCE CO.LTD., TANA, IRINJALAKUDA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1121 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of December, 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)1229/04. The claimant, 47 year old man sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.68,900/-. Dissatisfied with the same he has come up in appeal. A perusal of the award would reveal that on account of the accident 1/3 amputation of the left ring finger and 50% of the left middle finger was done and on examination the court was able to find that index finger was very much swelling and he is not able to bend that finger. The Doctor calculated the disability at 15% and the Tribunal accepted it as 14%, fixed the income at Rs.2,000/- applied a multiplier of 13 and calculated the compensation. Since these two injuries are schedule injuries as contemplated under the M.A.C.A. 1121 OF 2009 -:2:- Workmen's Compensation Act 14% disability taken by the Tribunal is correct and it does not warrant any interference. 2. I feel that the Tribunal has only granted Rs.5,000/- towards loss of amenities and enjoyment in life. The Tribunal itself was able to find that even at the time of examination the man had a swollen finger and was unable to bend his finger which indicates that there is sufficient pain for him and it has deprived him of amenities and it has caused him lot of inconveniences in his day-today life. He is a middle aged man and as the time progresses it will worsen for which I grant Rs.5,000/- more towards loss of amenities and enjoyment in life. Even after 2 to 3 years the finger is swollen which indicates the real difficulty for the person and therefore I enhance an amount of Rs.3,000/- more towards pain and sufferings and therefore the claimant is entitled to an additional compensation of Rs.8,000/-. M.A.C.A. 1121 OF 2009 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- 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/-