IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 MACA.No. 3204 of 2009() ----------------------- OPMV.1783/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER: --------------------------------------------- SUBRAMANIAN, S/O.KUNJADIMA, PERINGATTU HOUSE, KONATHUKUNNU DESOM PO., THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORTION, THIRUVANANTHAPURAM. 2. RAJU, S/O.RAVEENDRAN, KOOTTUMEL HOUSE, ETHITHANAM,CHENASSERY DESOM, KURICHI VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT. R1 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC R2 BY ADVS.SRI.MVS.NAMBOOTHIRY, SRI.DEEPAK THOMAS,. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3204 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of July, 2010. 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)1783/05. The claimant, an electrical wireman, aged 58 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.39,100/-. Dissatisfied with the quantum the claimant has come up in appeal. 2. Heard. A perusal of the award would reveal that the claimant had sustained lacerated wound on the forehead, another lacerated wound near the first wound, then a deep wound on the maxillary region, then a very serious injury of 12 x 5 c.m. bone deep on the right hand with metacarpal dislocation of 3rd and 4th fingers. Radiological examination reveal the fracture on the base of the 4th metacarpal and fracture of the distal phalanx of the right big toe. He was treated as an inpatient for six days and he had continued outpatient treatment for a considerable length of period. A M.A.C.A. 3204 OF 2009 -:2:- disability of 8% was assessed and certificate was issued. The Court accepted the disability certificate even without the examination of the doctor for the reason that it noticed in open Court that the claimant was not able to bend his fingers comfortably or twist his wrist comfortably but the Court converted it into a whole body disability and made it 4%. I am afraid when a person's occupation is that of a wireman it requires strong hand and the dislocation of the hand with twisting of the wrist would have certainly caused him great hardship to continue his activities as a wireman. Therefore I have no difficulty in fixing the disability at 8% in this case. Since the accident had taken place in 2005 and the profession is that of a wireman I even fix the income at Rs.2,500/-. When it is so as per 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the multiplier to be used is 9, when it is so the disability compensation would come to Rs.21,600/-( 30,000 x 8/100 x 9). The Court has already awarded a compensation of Rs.7,600/- for disability. Therefore an additional amount of Rs.14,000/- is awarded M.A.C.A. 3204 OF 2009 -:3:- under that head. Certainly this man would have difficulties in doing his day-today activities with his dislocated hand and therefore for loss of amenities also I increase the compensation by Rs.4,000/-. Thus the claimant will be entitle to an additional compensation of Rs.18,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.18,000/- with 7% interest on the said sum from the date of petition till realisation and the K.S.R.T.C. is directed to deposit the same within a period of 90 days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-