IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 MACA.No. 1704 of 2008() ------------------------------------ OP(MV).257/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/ 3RD RESPONDENT -------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, THODUPUZHA NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY MR.MATHEWS JACOB, SENIOR ADVOCATE BY ADV. MR. P.JACOB MATHEW RESPONDENT(S): PETITIONER ------------------------- MUTTIKKAN ASHRAF, S/O.BAVA, MUTTIKKAN HOUSE, KANMANAM AMSOM, VARANAKARA DESOM, KANMANAM.P.O, TIRUR TALUK. (NO RELIEFS ARE CLAIMED AGAINST RESPONDENTS 1 AND 2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). BY ADV MR.A.KRISHNAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.2056/2008 IN MACA. NO.1704/2008 DISMISSED 10/09/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1704 OF 2008 = = = = = = = = = = = = = = = Dated this the 10th day of September, 2009. J U D G M E N T This appeal is preferred by the insurance company against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)257/06. The claimant, a young man sustained serious injuries in a road accident as a result of which there was a traumatic amputation of the right thumb through the interphalangeal joint. The Tribunal considered the disability under the Workmen's Compensation Act Schedule 1 of para 2 item No.10 and fixed the loss of earning capacity at 20% and calculated the compensation. It fixed the income at Rs.3,000/-. 2. The learned counsel for the insurance company had raised two contentions before me that the accident had not taken place in public place and that the percentage of loss of earning capacity fixed by the Tribunal is incorrect. So far as the question of public place is concerned it has to be stated that the accident had taken only on a road lying in M.A.C.A. 1704 OF 2008 -:2:- between paddy fields which is accessible to all the public and that is why a lorry was being plied through that road and so the said contention does not merit consideration. 3. The next question is regarding the loss of earning capacity. It is true that really better evidence could have been produced in the form of a certificate from the Doctor but the very wound certificate would reveal that there was a traumatic amputation on the right thumb through the inter interphalangeal joint. Even if the contention of the learned counsel for the insurance company is taken into consideration and schedule 1 para 2, 10(a) is complied even then the loss of earning capacity would come to 10%. If the income is fixed at Rs.3,000/- and compensation is calculated by applying a multiplier of 16 for the age it would come to Rs.57,600/- adding the further compensation it would come to Rs.32,400/- which would make it Rs.90,000/-. But the facts would reveal that the phalanges is involved in the amputation. Further even if it is taken into consideration and some amount is granted for the loss of amenities and M.A.C.A. 1704 OF 2008 -:3:- enjoyment I do not feel that the amount of compensation awarded as Rs.1,00,000/- is on the higher side. Therefore I find that the Tribunal has only awarded a just and reasonable compensation which does not call for any interference. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-