IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MFA.No. 1344 of 2002(B) ---------------------------------- OPMV.798/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT: PETITIONER ------------------ SIVADASAN, VELEEPPARAMBIL VEEDU, THURAVOOR POST, CHERTHALA. BY ADV. SRI.A.KRISHNAN RESPONDENTS: RESPONDENTS ----------------------- 1. JOHNSON, THOTTAPPALLY HOUSE, KUTHIATHODU POST, CHERTHALA. 2. K.P. VIJAYAN, KOLLAZHATH VEEDU, VALAMANGALAM POST, THURAVOOR, CHERTHALA. 3. THE UNITED INDIA, INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, CHERTHALA. BY ADV. SRI.MATHEWS JACOB(SR) SMT.RAJI T.BHASKAR - R3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ------------------------------- M.F.A.NO.1344 OF 2002 (B) ----------------------------------- Dated this the 19th day of March, 2008 J U D G M E N T KOSHY,J. Appellant claimant met with an accident on 20.1.1999 due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. He claimed a compensation of Rs.2,30,000/- limited to Rs.1,50,000/-. Tribunal awarded only Rs.33,500/- as compensation. Coverage of insurance was admitted. No appeal was filed by the Insurance company. Only quantum of compensation is disputed in this appeal. 2. Appellant is a carpenter by profession. According to him, he was getting Rs.6,000/- per month. He was working as head of the Carpentry natural shop Sheethal wood Industries, Kuthiathodu. Tribunal fixed Rs.4,000/- as the monthly income in the absence of any data. We see no ground to change the MFA.1344/02 2 assessment of monthly income by the tribunal. He was under treatment for four months and tribunal granted Rs.16,000/- towards loss of actual earning. We see no ground to interfere with the same. As far as the injuries are concerned, his left metacarpo phalangeal joint of finger was amputated apart from the abrasions over the lower limb. Tribunal did not award any compensation for disability. It is the contention of the petitioner that tribunal has granted only Rs.16,000/- for loss of earning power. It is the contention of the petitioner that disability certificate was not produced and as per the 2nd Schedule, 6% is the loss of earning capacity for amputation of metatarso. But we note that in the absence of certificate, tribunal did not award any compensation for disability and loss of earning power. He was a carpenter by profession. Amputation of left metacarpo finger will certainly affect his future earning power. But in the absence of disability certificate, we are not granting compensation on multiplier method and we award Rs.12,000/- for disability and future loss of earning power. The above amount should be deposited by the 3rd respondent Insurance company with 7.5% interest from MFA.1344/02 3 the date of application till its deposit over and above the decreed amount by the tribunal and on deposit of the above amount, appellant is allowed to withdraw the same. With the above observations, this appeal is partly allowed. J.B.KOSHY, JUDGE K.T.SANKARAN, JUDGE prp J.B.KOSHY & K.T.SANKARAN, JJ. -------------------------------------------------------- M.F.A.NO.1344 OF 2002 (B) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 19th March, 2008