IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 299 of 2003() ---------------------- OPMV.969/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANT/APPLICANT: ---------------------------------- LATHA @ LATHAKUMARI, D/O. THANKAMMA PILLAI, VATTAVILA PUTHEN VEEDU, NEAR PARASSALA MAHADEVA TEMPLE, PARASSALA, NEYYATTINKARA. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT(S): RESPONDENTS: ------------------------------------ 1. E.SHAJAHAN, KOLLAMVILAKOM VEEDU, VAZHICHAL P.O., KATTAKADA, NEYYATTINKARA. 2. THE MANAGING DIRECTOR, K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.299 of 2003 ---------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. Claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. The accident occurred when a KSRTC Bus in which the appellant was travelling overturned and fell into a ditch. The appellant sustained fracture of left ring finger along with lacerated wound on the ring finger and middle finger. Her left ring finger was amputated. The appellant was aged 28 years at the time of accident. She was a Job Typist-cum-Document Writer and claimed to have been getting monthly income of Rs.3000/-. But due to want of any documentary proof regarding income, the Tribunal adopted her monthly income as Rs.2000/-. Ext.A8 is the Disability certificate issued by the Doctor at Medical College Hospital, Thiruvananthapuram. The extent of disability is assessed at 16%. But the Tribunal had fixed permanent disability only at 5%. The total compensation of Rs.45,100/- was awarded. 2. Heard the learned counsel for the appellant and Standing Counsel for the 2nd respondent. The appellant MACA.299/03 2 contended that considering that her left ring finger was amputated, the occupational disability is excessive, she being a Typist by profession. Therefore the reduction in the extent of disability from 16% to 5% has no basis or cogent reasoning. 3. Considering the evidence on record and facts and circumstances of the case we are persuaded to accept the contention that the amputation will result in occupational disability to a considerable extent. Hence we are inclined to re- fix the extent of disability at 15% for the purpose of computation. This will necessitate re-fixation of the compensation for permanent disability at Rs.64,800/- (2000x12x18x15%) and the appellant is entitled for enhancement of Rs.43,200/- (Rs.64800 - Rs.21600). 4. In the result the appeal is partly allowed enhancing the total compensation of Rs.45,100/- awarded by the Tribunal by a further sum of Rs.43,200/- which will carry interest at 7.5% per annum from the date of the claim petition till payment. The 2nd respondent is directed to pay the amount within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb