IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 MACA.No. 482 of 2010(C) -------------------------- OPMV.1509/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ----------------------------------- SUNIMOL, W/O. PALLIPPADAN BIJU, KORATTY PADINJARE ANGADY DESOM, MURINGOOR THEKKUMURI VILLAGE, KORATTY.P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS ------------------------------------ 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. 2. ANTONY, S/O. PULIKKOTTIL JOSE, PUNNAYOORKULAM, CHAVAKKAD VILLAGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 482 OF 2010 = = = = = = = = = = = = = = = Dated this the 20th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1509/05. The claimant, a school teacher, sustained injuries in a road accident and the Tribunal awarded her a compensation of Rs.28,950/- with 7% interest. Dissatisfied with the same she has come up in appeal. 2. Heard. A perusal of the award would reveal that she was admitted in the St. James Hospital, Chalakkudy for a period of 7 days for a crush injury over the right finger involving open fracture of the 3rd phalanx and loss of tip of the finger. She had produced a disability certificate of 5%. The Tribunal did not accept the disability certificate as such but granted 1% disability with a multiplier of 17 on a sum of Rs.30,000/- per annum and granted Rs.5,100/- towards permanent disability compensation. I am afraid that the said approach is not correct for the following reasons. M.A.C.A. 482 OF 2010 -:2:- 3. Here is a case where there was a crush injury involving fracture and loss of tip of finger. It is true that she would not have been deprived of any earning till the age of 55 years. Considering the nature of injuries I feel this is a fit case where at least 3% disability has to be taken. When it is taken and a multiplier of 9 is applied for the age of 55 as per Sarala Varma's case(2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) and income is taken at Rs.2,500/- per month then the disability compensation would come to Rs.8,100/- that means an additional amount of Rs.3,000/-. It has to be remembered that an young lady has sustained a crush injury with loss of tip of a finger. She had to take 29 days leave. So this would reveal her sufferings and therefore I feel pain and sufferings compensation has to be increased by Rs.4,000/-. When the right hand of a teacher is affected who is not only a teacher but also a housewife there is difficulty for her to do her household activities as well and therefore taking into consideration those aspects I enhance the compensation for loss of M.A.C.A. 482 OF 2010 -:3:- amenities by Rs.4,000 thereby entitling the claimant to have an additional compensation of Rs.11,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,000/- with 7% interest on the said sum from the date of petition till realisation and the first respondent is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-