IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 MACA.No. 1617 of 2006() ----------------------- OPMV.465/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(PETITIONER): ------------------------------------ BIJU FRANCIS, AGED 24 YEARS, S/O. M.B. FRANCIS, MACHUVEETTIL HOUSE, MANANTHAVADY P.O. BY ADV. SRI.N.J.ANTONY RESPONDENTS: (RESPONDENTS): ----------------------------- 1. SREEJITH, S/O. NARAYANAN, PATTATHIL HOUSE, ARATTUTHARA, MANANTHAVADY TALUK. (DRIVER). 2. K.V. YESUDAS, S/O. VARGHESE, KUTTANPARAMBIL HOUSE, ILLATHUMOOLA, MANANTHAVADY. 3. NEW INDIA ASSURANCE COMPANY, KALPETTA. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1617 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2009 JUDGMENT Joseph, J. The appellant is the claimant in O.P.(M.V.) No. 465 of 1997, which is a petition filed under Section 166 of the Motor Vehicles Act. 2. As against the claim of the appellant for an amount of Rs. 4 Lakhs, Rs.1,62,000/- alone was awarded by the Tribunal. This appeal is directed against the quantum of compensation awarded. Since the insurance coverage is admitted by the third respondent, Insurance Company, we are not issuing notice to respondents 1 and 2 and the appeal is taken up for hearing on consent. 3. The learned counsel for the appellant raised two points before us. He submits that only Rs.5,000/- was awarded towards M.A.C.A.No. 1617 of 2006 2 pain and sufferings. The counsel submits that this is a case where the right thumb of the appellant was amputated. The appellant was in the hospital for four days and the amount awarded is too meager. 4. Secondly it is contended that as against the claim for loss of earnings, absolutely no amount was awarded. The appellant was a Mason. Without the thumb he was disabled from earning. The counsel took us through the relevant portion of the judgment and pointed out that the reasoning of the Tribunal is that loss of earning and earning power are the same. Towards disability an amount of Rs.1,53,000/- was awarded. 5. The learned counsel for the Insurance Company supports the award. 6. The first question to be considered is whether the appellant is entitled to any further amount towards pain and sufferings. The appellant was in the hospital for four days. The M.A.C.A.No. 1617 of 2006 3 injury has resulted in amputation of his right thumb. The accident took place in 1997. We feel that the appellant should be granted further amounts under the head pain and sufferings. We award Rs.5,000/- more under the head pain and sufferings. 7. The next question is regarding the loss of earning power. No doubt, the learned counsel for the Insurance Company pointed out that the appellant was in the hospital for four days. He also submitted that there is no medical bills produced. Considering the vocation of the appellant, we feel that the Tribunal should have awarded compensation for loss of earnings. The appellant was examined as PW1 also. 7. The learned counsel for the appellant submitted that the appellant was not earning for one year and he was undergone plastic surgery also. We feel that an amount of Rs.6,000/- can be awarded under the head loss of earnings. 8. Accordingly this appeal is allowed in part. The appellant is allowed to realise an amount of Rs.11,000/- with interest at the M.A.C.A.No. 1617 of 2006 4 rate of 7.5% from the date of the petition till the date of realisation from the third respondent. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm