IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 213 of 2007() ---------------------------------- OPMV.397/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT - PETITIONER: ------------------------------------ KAMALAKSHY GOPALAN, ILLICKAL HOUSE, TEEKOY, MAVADI, VELATTUSSERRY. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS - RESPONDENTS: -------------------------------------------- 1. SURESHKUMAR, VATTATHOTTATHIL, THALAPPALAM, PANAKKAPALAM. 2. GLADSON JOSE, ELAVUNKAL HOUSE, ADIVARAM P.O., POONJAR. 3. THE NATIONAL INSURANCE CO.LTD., PALA. BY ADV. SRI.C.R.BALRAJ FOR R1 SRI.KARJET KODUVATH FOR R1 SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv M.N.KRISHNAN, J ===================== MACA No.213 OF 2007 ===================== Dated this the 14th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.397 of 2003. The claimant, a lady aged 52 years, an agricultural labourer by profession, sustained lacerated wound on the dorsum of left foot and comminuted open fracture proximal phalanx big toe left. The Tribunal awarded a total compensation of Rs.31,282/-. Dissatisfied with the same, the claimant has come up in appeal. 2. A perusal of the award would reveal that she had sustained lacerated wound on the dorsum of the left foot. She had also dislocation and comminuted fracture of the proximal phalanx of the left big toe. She was treated in the hospital as an inpatient from 18.4.2003 to 20.5.2003. K- wire fixation and skin grafting was done on 6.5.2003. K-wire was removed on 7.6.2003. The Doctor issued a disability certificate showing 11% as the disability. The Doctor found that all the toes of the left foot of the appellant are ankylosed in extension and there is a fixed inversion deformity of 10 degrees in the left foot and the patient is weight bearing on the outer border MACA 213/2007 -:2:- of the foot. The permanent disability from the above defects is assessed to be 11%. The Tribunal held that as per the whole body disability, the disability is fixed at 1% and therefore awarded a compensation on that basis. It has to be remembered that all the toes of the left foot of an agricultural labourer are ankylosed in extension and dislocation and that had resulted some deformity to her. Certainly a labourer requires strong legs and these type of injuries would certainly affect her working capacity and therefore a little more liberal approach is necessary rather than to be strictly technical on the question of whole body liability. Taking into consideration all these aspects, I feel 5% has to be taken. When Rs.2,000/- is taken as monthly income, the annual loss of earning will come to Rs.1200/- which when multiplied with 11, the amount will come to Rs.13200/- out of which Rs.2640/- is granted and therefore the claimant will be entitled to an additional compensation of Rs.10,560/-. On all other heads, the Tribunal has awarded a reasonable amount and that does not call for interference. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,560/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a MACA 213/2007 -:3:- copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-