IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 1547 of 2007(A) ----------------------- OPMV.1818/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: --------------------------------------- MOHANAN A.R., S/O RAGHAVAN, AKKARAKKARAN HOUSE, VATTANATHARA, AMBALLUR, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: RESPONDENTS: -------------------------------------------------- * 1. A.A.SOBHAN, S/O SRI. APPUNNI, 28, LOPORTE STREET, PONDICHERY.(DELETED) *THE NAME OF FIRST RESPONDENT IS DELETED FROM THE PARTY ARRAY VIDE ORDER DTD. 17/06/2008 ON I.A.1326/08. 2. SAJEEV, S/O APPUNNI, ARANGATH HOUSE, AMBALLUR VILLAGE, VENDORE DESOM, THRISSUR. 3. UNITED INDIA INSURANCE CO. LTD., REP. BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, THRISSUR. BY ADV. SMT.P.A.REZIYA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1547 OF 2007 ===================== Dated this the 17th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)No.1818/2001. The Tribunal has awarded a compensation of Rs.22,700/- and it is against that decision the claimant has come up in appeal. Learned counsel would submit that the compensation awarded is inadequate for the reason that the claimant had sustained fractures on the big toe as well as the little toe besides the loss of nail on the big toe. The Doctor has issued a disability certificate of 8% and therefore it is submitted that the Tribunal has erred in awarding the compensation at a low rate. 2. Heard the learned counsel on both sides. The Tribunal has fixed his monthly income at Rs.2,000/-, but it has awarded only Rs.4,000/- as loss of earning for a period of three months. So an additional amount of Rs.2,000/- is to be calculated. The contention that 8% disability has to be accepted as such cannot be entertained for the reason that even under the Workmen's Compensation Act, when there is loss of a part of the big toe MACA 1547/2007 -:2:- with fracture of some bones, the percentage of disability is only 3%. It is true that there has been fracture of the big toe and the little toe, as a result of which some stiffness is caused. Even if liberally the percentage is calculated, the maximum that can be calculated is 3%. If Rs.2,000/- is taken as his income, then the annual loss of earning will be Rs.720/-, by applying a multiplier of 13, it will be Rs.9,360/-. Besides this, some amount has to be given under the head loss of amenities and enjoyment in life, i.e. Rs.5,000/-. The Tribunal has awarded under that head Rs.10,000/- which means, if that is taken into consideration, the claimant will be entitled to an additional compensation of Rs.4,360/-. So the additional compensation would come to Rs.6,360/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,360/- with 7% interest on the said sum from the date of petition till realisation. The respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/- MACA 1547/2007 -:3:-