IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 1313 of 2004() ----------------------------------- OPMV.1366/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- RAJESH KUMAR, S/O.KRISHNAKUTTY, KALAPPURACKAL HOUSE, MARIYATHURUTH P.O., KOTTAYAM. BY ADV. SRI.RAJEEV V.KURUP RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. SANTHA S.PILLAI, PERUMBARAYIL HOUSE, POOVANTHURUTH P.O., KOTTAYAM. 2. SHAJI, S/O.NARAYANAN, PODIMATTATHIL HOUSE, AMAYANOOR KARA, AYARKUNNAM. 3. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL MANAGER, KOTTAYAM. BY ADV. SRI.P.R.PADMANABHAN NAIR - R2 SRI.A.R.GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1313 OF 2004 --------------------- Dated this the 6th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) No.1366/98. The appellant sustained a crush injury on the left palm with fracture of the metacarpel. He was admitted in the hospital and had undergone inpatient treatment for 27 days. He was a cleaner by profession and he requires a strong hand for carrying out his avocation. 2. The main grievance of the appellant is that the disability has not been accepted by the Tribunal. I cannot find fault with the Tribunal for the reason that even when there is a bone loss amputation, the percentage of disability for a fracture in a metacarpel will not be more that 3%. Therefore the said argument cannot be accepted. But the fact remains that the man was in the hospital for 27 full days and certainly he would have continued treatment for further period and it would have incapacitated him to do the work on account of the crush injury. Therefore I enhance the compensation MACA No.1313/04 2 for pain and suffering by Rs.2,500/- and also enhance the loss of earning for one month i.e. Rs.1,500/-. Certainly he would not have preserved all bills for treatment. He would have taken some nutritious food and his clothes would have been damaged due to the accident. Under those heads I award a sum of Rs.1,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps