IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 MFA.No. 46 of 2003() -------------------- OPMV.2457/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT: 3RD RESPONDENT ------------------------- NATIONAL INSURANCE COMPANY LIMITED, KOTTAYAM NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, AJAY VIHAR, M.G.ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB RESPONDENTS: PETITIONER ----------------------- SUNNY S/O. JOSEPH, PUNCHAYIL HOUSE, KOODALLOOR P.O., KIDANGOOR VILLAGE. (NO RELIEFS ARE CLAIMED AGAINST THE RESPONDENTS 1 & 2 IN THE ABOVE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.46 of 2003 ----------------------------------------- Dated this the 4th day of March, 2008 JUDGMENT Koshy, J. This appeal is filed by the Insurance Company. Respondent in this case sustained serious injuries in a motor accident due to the negligence of the driver of the vehicle, insured by the appellant. Against the claim of Rs.2,00,000/-, the Tribunal has awarded only Rs.98,000/- with interest. Only quantum of compensation is questioned in this appeal. The only contention raised is that the Tribunal has awarded Rs.20,000/- for disability and Rs.25,000/- towards loss of earning power. A Full Bench of this Court held that compensation for disability is granted for loss of earning power caused by disability and both need not be awarded separately. It is also stated that no disability certificate is produced in the case. Exhibit A5 is the copy of the wound certificate which shows that there was fracture amputation tip of middle and ring finger, abrasion front of right hand and lacerated injury back of index finger and multiple abrasions. He was admitted in the Medical College Hospital as inpatient. According to the petitioner, after discharge from the MFA.46/03 2 hospital, he has to get treatment for two months. He was doing the work of laying mosaic, marbles etc. and because of the amputation of lip of two fingers, he has got 100 disability. He is unable to do mosaic work and it will be difficult for him to do any other work also. It is true that no disability certificate was produced. But, amputation is admitted. He was a manual labourer. Therefore, we are of the view that for disability and loss of earning power Rs.45,000/- awarded is not excessive. Apart from the above, after considering the injuries suffered, medical expenses he has incurred, his nature of work etc. we are of opinion that the total compensation awarded is only just and reasonable and no interference is required in the award at the instance of the Insurance Company. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.46/03 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 46 of 2003 ------------------------------ JUDGMENT 4.3.2008