IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 1981 of 2006() ----------------------- OPMV.1574/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------------ RAMAN, AGED 47 YEARS, S/O. MARAN, ILLIKKAL HOUSE, ARUVAKODE, NILAMBUR P.O. BY ADV. SRI.P.SAMSUDIN RESPONDENT: 3RD RESPONDENT: ------------------------------------------------------ NATIONAL INSURANCE CO. LTD., MANJERI. BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1981 OF 200 --------------------- Dated this the 12th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) No.1574/01. The appellant sustained crush injury on the 3rd and 4th right hand finger with fracture of bones of both fingers. 2. Learned counsel for the appellant has made available before me the discharge card which would indicate that he was treated in the hospital for a period of 11 days from 17.2.00 to 28.2.00. Thereafter also he had gone to the hospital for follow up treatment. The Tribunal has awarded a total compensation of Rs.10,350/-. He was a coolie by profession. Certainly, on account of the crush injury, he would not have been in a position to do the work for six weeks. I award him an amount of Rs.2,500/- towards loss of earning. When a person's right hand is affected, it will not only cause disability regarding loss of earning capacity but also loss of amenities and enjoyment in life. It can be seen that it was a crush injury with fracture. So I feel it is a fit case where Rs.4,000/- has to be awarded MACA No.1981/06 2 towards loss of amenities and enjoyment in life. No amount is seen given for medical expenses. Considering the fact that he was an inpatient for a period of 11 days and further had follow up treatment, there is nothing wrong in awarding an amount of Rs.1,000/- to the appellant, even if it is not supported by bills. Therefore the claimant will be granted an additional compensation of Rs.7,500/-. Therefore the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,500/- 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 MACA No.1981/06 3