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. 765 of 2004() --------------------------------- OPMV.278/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER --------------------- ROSSY, W/O.AKKARAKARAN OUSEPH, PULLUR P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY RESPONDENTS: RESPONDENTS 1 TO 3 IN OP(MV) ------------------------ 1. M.C.UNIKRISHNAN, S/O.CHATHUKUTTY, MOALEKADAN HOUSE, MURIYAD P.O. 2. SHAJU P.T., S/O.PARAPPURATH THANKAPPAN, MURIYAD VILLAGE AND P.O. 3. MANAGER, NEW INDIA ASSURANCE CO., IRINJALAKUDA. BY ADV. SRI.A.C.DEVY - 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. 765 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, Irinjalakkuda, in OP(MV) No.278/98. The appellant was aged 53 years at the time of accident. She had sustained fracture of the meta carpel and had undergone inpatient treatment for 3 days. She was a cashew worker by profession. The Tribunal awarded a compensation of Rs. 16,000/- and declined to accept the disability certificate holding that it has not been proved by examining the Doctor. It has to be remembered that a work in a cashew industry requires a strong hand and the fracture of the two fingers certainly will cause inconvenience in the working filed as well as in her day to day life. The Tribunal should have atleast taken 4% disability considering the age of the person and worked out the compensation. When the income is fixed at Rs.1,200/- and disability is taken at 4%. the annual loss will be Rs.576/-. Applying a multiplier of 11, it will come to Rs.6,336/-. As stated by me earlier, the petitioner had also suffered loss of earning and enjoyment in life MACA No.765/04 2 which is also to be taken into consideration. Therefore, I enhance the compensation under that head from Rs.6,000/- to Rs.9,000/- i.e., by Rs.3,000/-. On account of the fracture of two fingers she would have been deprived of doing any work for three months. Therefore I enhance the loss of earning by Rs.1,200/-. Similarly considering the age of the lady and the hospitalisation, I feel the compensation for pain and suffering also has to be increased by Rs.1,000/-. Therefore the appellant will be entitled to an additional compensation of Rs.5,200/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,200/- 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