IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MACA.No. 658 of 2003() ---------------------- OPMV.1686/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/CLAIMANT: --------------------------------- AMINA, W/O. HAMSA, PERUMBILLY HOUSE, CHIRAMANGAD P.O., KADANGODE, THRISSUR DISTRICT. BY ADV. SRI.RANJIT BABU RESPONDENTS/RESPONDENTS: --------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. SASIDHARAN NAIR, S/O. JANARDHANAN PILLAI, KAMALAYALAM, POOJAPPURAM, THIRUVANANTHAPURAM. SRI.JOHNSON P.JOHN,SC KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & V.K.MOHANAN, JJ. ------------------------------- M.A.C.A.NO.658 OF 2003 () ----------------------------------- Dated this the 7th day of October, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries in a motor accident. Tribunal found that the accident occurred due to the negligence of the 2nd respondent driver of the vehicle owned by the 1st respondent Kerala State Road Transport corporation. However, against a claim of Rs.3 lakhs, amount awarded was only Rs.1,50,250/-. Only quantum of compensation is disputed in this appeal. 2. As a result of the accident, her left hand was amputated above elbow. Tribunal has seen the claimant and found that her hand was amputated at the level of about 25 cms from the left shoulder. Tribunal further noticed that according to the 'Uniform Definitions of the Physically Handicapped' issued by the Ministry of Welfare, Government of India, the percentage of disability is 85%. But the Tribunal treated as disability to that limit and then whole body M.A.C.A.NO.658 OF 2003 () 2 disability was assessed at 30%. According to the 'Uniform Definitions of the Physically Handicapped' the percentage of disability is mentioned with regard to the whole body and not to the particular limb as observed by the Tribunal. Under Schedule I of the Workmen's Compensation Act, for amputation below shoulder with stump less than 20.32 cms. from tip to acromion, percentage of disability is 80% and if the amputation form [20.32 cms.] from tip to acromion to less than 11.43 cms. below tip of olecranon, it is 70% and for loss of a hand or of the thumb and four fingers of one hand, it is 60%. It is true that fixation of loss of earning capacity under the Workmen's Compensation Act is not directly applicable in a claim filed under Section 166. It is the contention of the petitioner that she was a manual worker and because of the loss of her left hand, there is 100% loss of earning capacity considering the fact that her hand was amputated 25 cms. from the left shoulder. We are of the opinion that atleast compensation ought have been awarded for 60% disability. Tribunal has taken only notional income of Rs.15,000/- per year (1,250/- per month). It was argued that the Tribunal ought to have assessed atleast Rs.3,000/- as notional monthly M.A.C.A.NO.658 OF 2003 () 3 income as services of a house wife to the family is not valueless and she was also getting Rs.2,000/- as a coolie. In the absence of evidence, we are not enhancing the income fixed by the Tribunal. Since she was aged 31 years, taking guidelines from the 2nd Schedule, 17 was taken as the multiplier and awarded a sum of Rs.76,500/- for compensation for 30% disability. Since we have increased the percentage of disability to 60%, she is entitled to another Rs.76,500/-. Appeal was filed after 1143 days of delay. In the above circumstances, we direct the 1st respondent to deposit Rs.76,500/- more than that is awarded by the Tribunal with 7.5% interest from the date of the appeal, that is, 5.11.2003 till the date of deposit. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is partly allowed. J.B.KOSHY, JUDGE V.K.MOHANAN, JUDGE prp J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 7th October, 2008