IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1121 of 2009()
1. RAVI,S/O.VELIYATHPARAMBIL PARAMU,
... Petitioner
Vs
1. P.P.LAIJU,30/24,PULLAN HOUSE,
... Respondent
2. JINSON,S/O.THOTTIYAN DEVASSIKUTTY,
3. THE UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.BABY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/12/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1121 OF 2009
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Dated this the 16th day of December, 2009.
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)1229/04.
The claimant, 47 year old man sustained injuries in a road
accident and the Tribunal awarded him a compensation of
Rs.68,900/-. Dissatisfied with the same he has come up in
appeal. A perusal of the award would reveal that on account
of the accident 1/3 amputation of the left ring finger and
50% of the left middle finger was done and on examination
the court was able to find that index finger was very much
swelling and he is not able to bend that finger. The Doctor
calculated the disability at 15% and the Tribunal accepted it
as 14%, fixed the income at Rs.2,000/- applied a multiplier
of 13 and calculated the compensation. Since these two
injuries are schedule injuries as contemplated under the
M.A.C.A. 1121 OF 2009
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Workmen’s Compensation Act 14% disability taken by the
Tribunal is correct and it does not warrant any interference.
2. I feel that the Tribunal has only granted
Rs.5,000/- towards loss of amenities and enjoyment in life.
The Tribunal itself was able to find that even at the time of
examination the man had a swollen finger and was unable to
bend his finger which indicates that there is sufficient pain
for him and it has deprived him of amenities and it has
caused him lot of inconveniences in his day-today life. He is
a middle aged man and as the time progresses it will worsen
for which I grant Rs.5,000/- more towards loss of amenities
and enjoyment in life. Even after 2 to 3 years the finger is
swollen which indicates the real difficulty for the person and
therefore I enhance an amount of Rs.3,000/- more towards
pain and sufferings and therefore the claimant is entitled to
an additional compensation of Rs.8,000/-.
M.A.C.A. 1121 OF 2009
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In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.8,000/- with 7% 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.
M.N. KRISHNAN, JUDGE.
ul/-