IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 1105 of 2004() ----------------------- OPMV.1394/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- M.V.THOMAS, S/O.UTHUP, MULLUR HOUSE, PERUMPAIKADU P.O., KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS/RESPONDENTS: ------------- 1. K.T.EAPEN @ MUTHU, S/O.THOMAS, KELAMPAKALATHIL HOUSE, NEELEMPEROOR KARA. 2. N.S.SHANAVAS, S/O.NABEESA BEEVI, PALAMOOTTIL, ATHIRAMPUZHA. 3. THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM. BY ADV. SRI.RAJESH THOMAS FOR R2 SRI.K.P.SHAHUL HAMEED FOR R2 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.1105 OF 2004 (D) ----------------------------------- Dated this the 8th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries in a motor accident on 9.12.1998 while he was riding a motor bike, he was knocked down by a bus driven by the 1st respondent, owned by the 2nd respondent and insured by the 3rd respondent Insurance company. He claimed a compensation of Rs.10,03,100/-. Tribunal awarded only Rs.43,780/- with interests and costs. Only dispute is regarding the quantum of compensation. 2. Tribunal did not award any compensation for loss of earning power because he, being employed in a public sector Insurance company, there was no loss of employment as his salary was not reduced as a result of the accident. MACA.1105/04 2 Compensation for loss of earning power consequent to permanent disability is awarded to offset the damages caused to the accident victim. There was no loss in the earning power in this case, and therefore, the tribunal did not award compensation for loss of earning power due to disability. As a result of the accident, he suffered crush injury to his hand and his middle finger was amputated and the middle finger was crushed and shortened. However, going by the provisions of the Workmen's Compensation Act, compensation for 7% loss of earning power can be granted. Medical Certificate shows that he had 40% disability but it was discarded by the tribunal. According to the claimants, compensation for 40% ought have been granted. But since he has no actual loss in his earning, tribunal did not award any compensation for the same. We are of the view that even though he had no actual loss of earning, the main factor remains that his middle finger was amputated and he has to carry on that disability through out his life and his obtaining of job after his retirement from the company also will be affected. Compensation cannot be calculated as per the table in the Workmen's Compensation MACA.1105/04 3 Act in a claim under Section 166. Even though compensation also cannot be granted on a multiplier method as his employment was not affected, we are of the view that an amount of Rs.10,000/- ought have been awarded for permanent disability considering the amputation and shortening of the middle finger. We are of the view that compensation granted under other heads are just and reasonable. Hence, additional amount of Rs.10,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal, and on deposit of the same, appellant is allowed to withdraw the same. With the above observations this appeal is partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008