IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 2173 of 2007(B) ------------------------------------- OP(MV).NO.238/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM. .................... APPELLANT/PETITIONER: ------------------------------------- PADMAJA, W/O.RAMANKUTTY, AGED 46 YEARS, KODAVANPADATH HOUSE, KALLEPADAM POST, PAZHAYANNUR, TRICHUR DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR, ADV. SRI.V.A.AJAI KUMAR. RESPONDENTS/ RESPONDENT 1 TO 3: -------------------------------------------------------- 1. K.N.NEELAKANDAN NAMBOODIRI, S/O.K.C.NAMBOODIRI, AGE NOT KNOWN, KARIPPAL MANA, NADUMPURA, CHERUTHURUTHY POST, TRICHUR DISTRICT. 2. C.K.MOHANDAS, S/O.KUNJU EZHUTHACHAN, AGED ABOUT 47 YEARS, CHAKYADATHU HOUSE, VIYOOR POST, TRICHUR DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LIMITED, TRICHUR. R1 BY ADV. SRI.P.GOPALAKRISHNA MENON. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2173 OF 2007 = = = = = = = = = = = = = = = Dated this the 6th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)238/05. The claimant, a 44 year old lady sustained injuries in a road accident and she has been awarded a compensation of Rs.30,516/- with interest from the date of award. It is against that decision, the claimant has come in appeal. 2. Heard the learned counsel for the appellant. He had made available before me for perusal documents relating to the treatment. A perusal of the wound certificate would show that this lady sustained a severe crush injury on her left ring finger. It is also noted that the ring finger of the left hand is cut. After giving initial treatment in the Sanjeevani Hospital, Kolappuly she was referred to Aswini Hospital at Thrissur. She was admitted on 10.12.04 and discharged on 13.12.04. A perusal of the investigations and evidence would reveal that she was a diabetic person and amputation M.A.C.A. NO. 2173 OF 2007 -:2:- at stump and repairment under local anesthesia was done. She had undergone treatment for some length of time is also evidenced by the said document. The nature of injury is a very severe crush injury. The initial document itself would show that her ring finger has been cut, later it has been amputated. When there is an amputation of one phalanx of ring or little finger the disability under the Workmen's Compensation Act is 5%. The lady was aged 43 years and the income claimed by her is only Rs.1,000/-. The appropriate multiplier is 15 and therefore the disability compensation would be Rs.600/- per annum which when multiplied by 15 would be Rs.9,000/-. The Tribunal has awarded Rs.8,000/- towards loss of amenities and enjoyment in life, most probably taking note of at least temporary disability. So it requires reduction because there should not be any overlapping and I award a consolidated sum of Rs.14,000/- under the head of permanent disability and loss of enjoyment in life. Out of this Rs.8,000/- is paid and therefore an additional amount of Rs.6,000/- has to be paid to her. M.A.C.A. NO. 2173 OF 2007 -:3:- 3. So far as loss of earnings is concerned, on account of the crush injury on the ring finger she would not have been in a position to do any work. I feel towards loss of earnings or for the purpose of making payment to the helper in the domestic work this claimant is entitled to Rs.2,000/-. Ordinarily in accident cases interest is awarded from the date of petition and I do not find any particular circumstance in this case to deviate from that and so that also requires interference. 4. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. I make it clear that for the amount already awarded also the interest of 6% will commence from the date of petition and not from the date of award. M.N. KRISHNAN, JUDGE. ul/-