IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 MACA.No. 2970 of 2008() -------------------------------------- OP(MV) NO.2259/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOTTAYAM ......... APPELLANT(S): PETITIONER: -------------------------------------------- C.P.MADHURAJ, S/O.PARAMESHWARANACHARI, CHERUKARATHEKETHIL, NEAR L.I.C. JUNCTION, NEENDOOR P.O., ONAMTHURUTHU VILLAGE. BY ADV. MR.PHILIP T.VARGHESE RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. P.J.SAJI JOSEPH @ SAJI, PADINJAREKKUDIYIL VEEDU, NEENDOOR P.O., ONAMTHURUTHU VILLAGE. 2. SINDHU, PADINJAREKKUDIYIL VEEDU, NEENDOOR P.O., ONAMTHURUTHU VILLAGE. 3. THE NEW INDIA INSURANCE COMPANY LIMITED, KOTTAYAM. R3 BY ADV.MR.P.G.GANAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2970 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)2259/04. The claimant, a carpenter aged 38 years by profession sustained injuries in a road accident which resulted in the amputation of fourth toe on his right foot. The Tribunal awarded a compensation of Rs.31,800/- and directed the insurance company to pay the amount. It is against that decision the claimant has come up in appeal for enhancement. 2. The point that arises for determination in the appeal is regarding the entitlement to have an additional compensation. It has to be stated that this is a clear case where there has been amputation on the 4th toe. It is a schedule injury coming under the Workmen's Compensation Act. As per entry 41 of paragraph II of Workmen's Compensation Act when there is an amputation on a toe over M.A.C.A. 2970 OF 2008 -:2:- the big toe through meta-tarso phalangeal joint the percentage of loss of earnings capacity is 3%. Unfortunately the Tribunal did not consider those aspects at all and denied the compensation for disability on the ground that disability certificate is not produced. Since it is a schedule injury we can very specifically rely upon the table and calculate the compensation. 3. The Tribunal has fixed the income at Rs.3,500/- and it is correct for the reason that the person is a carpenter by profession. When the income is taken at Rs.3,500/- the annual loss of earning power at the rate of 3% would come to Rs.1,260/- which when multiplied by 15 would be Rs.18,900/-. For loss of amenities and enjoyment I award a sum of Rs.7,000/- thus making a total of Rs.25,900/- out of this the Tribunal has awarded a sum of Rs.13,000/- and therefore towards permanent disability and loss of amenities the claimant is entitled to an additional compensation of Rs.12,900/-. On account of the amputation of the toe it is definite that he would not have been in a position to do any M.A.C.A. 2970 OF 2008 -:3:- work for a period of two months for which I enhance a compensation of Rs.3,500/-, thereby entitling the claimant to have an additional compensation of Rs.16,400/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.16,400/- with 7% interest on the said sum from the date of petition till 8.10.2007 and from 10.12.2008 till realisation and the respondent insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-