IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 443 of 2003() ---------------------- (AGAINST THE AWARD IN OPMV.659/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA DATED 20/03/2003) .................... APPELLANT/PETITIONER ------------------------------------- BINCY, S/O.JOHN, PUNNAKKAL HOUSE, KIZHPALLY POST, CHATHIRUR DESOM, KANNUR DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: RESPONDENTS ------------------------ 1. K.A.SYEDALI, S/O.AHAMMED, KALLIDUMBAN, KALLIDUMB HOUSE, PALAPILLY, VARANDAR PALLI, TRICHUR. 2. SRI.M.K.ASHARAF, S/O.ABDULLA, MALIKKAL KOOTTATHIL HOUSE, PERUMBADI AMSOM VEERAJPET DESOM, DL.NO.793/94, BADGE NO.16253/94 VALID UP TO 29.4.94 - 28.4.97. 3. THE ORIENTAL INSURANCE CO.LTD., ROUND WEST, TRICHUR. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, ALONG WITH MACA NO.471/03, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. Nos. 443 & 471 of 2003 --------------------------------- Dated, this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair, J. These connected appeals, one filed by the claimant and the other by the Insurance Company, arise from the common award passed by the MACT awarding a total compensation of Rs.1,96,800/- to the claimant, who at the time of accident was only 18 years of age. The injury caused to the claimant in the accident led to amputation of his right arm above the elbow. Medical Board certified 45% disability to the claimant and the MACT has passed the award based on the same. In the appeal, filed by the claimant, prayer is for enhancement of compensation on all heads. In the appeal filed by the Insurance Company, the main dispute is against the award of extra compensation towards loss of earning power after granting compensation for permanent disability. Learned counsel for the Insurance Company has relied on Full Bench decision of this Court in Oriental Insurance Co. Ltd. Vs. Hariprasad, reported in 2005(4) KLT 977, whereunder, this Court has held that compensation cannot be separately awarded on MACA Nos.443 & 471 of 2003 -2- account of permanent disability after granting compensation for loss of earning capacity. In this case, the Tribunal fixed the monthly earning of the claimant at Rs.1,500/- and considering the age, the multiplication factor of 16 was adopted and after taking into account the percentage of disability accepted certified in the medical certificate, i.e. 45%, awarded Rs.1,29,600/- towards compensation for permanent disability. In addition to this, the MACT granted 1/3rd of this amount, i.e.43,200/-, towards loss of earning power. 2. Eventhough, going by the decision of the Full Bench, the compensation under the two heads cannot be granted, we do not think there is any justification to interfere with the total amount awarded because the disability for loss of right hand above elbow is taken at 45%, whereas, under the Workmen Compensation Act, which provides for compensation for various types of injuries, the minimum percentage for disability of this type is 60%. The claimant, not being educated, was earning his livelihood by working as a manual labourer. It is common knowledge that a manual labourer without right hand can turn out no useful manual work. Therefore, prima facie, 45% disability certified by the Doctor appears to be thoroughly inadequate. However, strangely, appellant's claim under this head was only Rs.1 lakh. In the MACA Nos.443 & 471 of 2003 -3- circumstances and considering the fact that total amount awarded under these two heads is only Rs.1,72,800/-, we do not find any ground to interfere with the award. Consequently, the appeal filed by the Insurance Company is dismissed. 3. In so far as the appeal filed by the claimant is concerned, we find there is justification to increase the compensation under other heads. In the first place, for the man, who lost his right hand at the age of 18, the compensation awarded for loss of convenient enjoyment of life is only Rs.3,000/-. We increase it to Rs.50,000/- as against Rs.3,000/- awarded. Similarly towards additional expenses for hospitalisation incurred by the by- stander, we increase the compensation awarded for the same from Rs.3,000/- to Rs.6,000/-. The additional compensation of Rs.50,000/- ordered above will be deposited by the Insurance Company along with interest @7.5% from the date of application till date of payment. The appeal filed by the claimant is disposed of by modifying the award to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg