IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 2124 of 2006(A) ----------------------- OPMV.53/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ---------------------------------------- MATHACHAN, S/O.KUNJAVARA, ACHADAN HOUSE, KONNAKUZHY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP (MV): ------------------------------------------------ 1. M.J.WILSON, S/O.JOSEPH, MECHERY HOUSE, VETTILAPPARA P.O. 2. HARI, S/O.VELAYUDHAN, ATTASSERY HOUSE, VETTILAPPARA P.O. 3. MANAGER, ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.2124 of 2006 - A =============================== Dated this the 4th day of December, 2008. J U D G M E N T KOSHY, J. Appellant/claimant sustained injuries in a motor accident. Ext.A12 is the disability certificate which shows that there is 10% disability. But the fracture is only to the distal end of the left thumb. Therefore, Tribunal assessed loss of permanent disability only 2%. We agree with the assessment made by the Tribunal. There was no reduction in the salary. But considering the fact that after retirement, it may affect his earning power, Tribunal has taken Rs.1,500/- as monthly income. Compensation was granted for loss of earning power due to permanent disability. Since appellant did not suffer any loss of earning power, we are of the opinion that no interference is called for in the compensation awarded for permanent disability and loss of earning power. However, we note that there were other dislocations, lacerated injuries etc. For pain and suffering, Tribunal ought to have awarded Rs.7,500/- but only Rs.5,000/- was awarded. Hence, Rs.2,500/- more can be awarded for pain M.A.C.A.No.2124 of 2006 - A 2 and suffering. Because of the injury, he could not attend duty for two months. Tribunal fixed Rs.3,000/- as his monthly income and awarded Rs.3,000/- for loss of earnings. We grant Rs.3,000/- more for loss of earnings. For loss of enjoyment of amenities and happiness in life, only Rs.2,000/- was awarded and for permanent disability Rs.2,880/- was awarded. He has to suffer this disability till the end of his life, for loss of enjoyment of amenities and compensation for injuries, we are of the opinion that Rs.2,000/- more should be granted. Therefore, he is entitled to an additional compensation of Rs.7,500/-. The 3rd respondent insurance company is directed to deposit an amount of Rs.7,500/- as additional compensation with interest at the rate of 7.5% from the date of application till its deposit. On deposit of the amount, appellant is allowed to withdraw the same. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-