IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 M.A.C.A.No. 1388 of 2007(D) ----------------------- O.P(MV) NO.1662/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN O.P(MV): -------------------------------- ANTU, S/O.VERAMBILAVU KOCHAPPAN, VELLANCHIRA DESOM, ALOOR, VELLANCHIRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENTS/RESPONDENTS IN O.P(MV): ---------------------------------- 1. UNNIKRISHNAN, ARAKKAPARAMBIL HOUSE, VELLANCHIRA P.O., KALLETTUMKARA (VIA) 2. MANAGER, ORIENTAL INSURANCE CO. LTD., CHALAKUDY. BY ADV. SRI.M.JACOB MURICKAN - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1388 OF 2007 --------------------- Dated this the 6th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1662/01. The claimant, aged 35 years running a factory, sustained injuries in a road accident. He had disability due to the amputation of the big toe. The Tribunal took his disability at 8%, income at Rs.2,000/- and calculated the compensation. 2. A perusal of the disability certificate would reveal that his big toe is amputated at the level of meta tarso phalangal joint. This is a scheduled injury under the Workmen's Compensation Act and the disability is 14%. Doctor certified his disability at 14%. Therefore the Tribunal erred in reducing it to 8%. So the claimant is entitled to an additional compensation for the balance 6% disability. 3. When the income is taken at Rs.2,000/- and disability at 6% is calculated the annual loss would come to Rs.1,440/- which when multiplied with 16 would be Rs.23,040/-. On all other heads the Tribunal has awarded adequate compensation. Therefore the claimant will be entitled to an additional compensation of Rs.23,040/-. MACA No.1388/07 2 In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.23,040/- with 7% interest on the said sum from the date of petition till realisation. The 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 vps MACA No.1388/07 3