High Court Kerala High Court

Ramesh vs Davis.P.J. Puthenpurakkal House on 3 February, 2009

Kerala High Court
Ramesh vs Davis.P.J. Puthenpurakkal House on 3 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2360 of 2008()


1. RAMESH S/O. PARAMESWARAN, AGED 33,
                      ...  Petitioner

                        Vs



1. DAVIS.P.J. PUTHENPURAKKAL HOUSE,
                       ...       Respondent

2. GOPINATHAN S/O. SIVAN VELLAPILLY HOUSE,

3. THE MANAGER UNITED INDIA INSURANCE

                For Petitioner  :SRI.T.N.MANOJ

                For Respondent  :SRI.NAGARAJ NARAYANAN

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :03/02/2009

 O R D E R
                     M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                M.A.C.A. NO. 2360 OF 2008
             = = = = = = = = = = = = = = =
        Dated this the 3rd day of February, 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)419/03.

The claimant, a photographer by profession, sustained

injuries in a road accident and he has been awarded a total

compensation of Rs.18,100/-. It is against that decision the

claimant has come up in appeal for enhancement.

2. Heard the counsel for the appellant as well as the

insurance company. A perusal of the award would reveal

that the claimant had sustained a lacerated wound over the

left middle finger with chip fracture of proximal phalanx. He

was initially treated in St. James Hospital. He had also

lacerated wounds over the forehead, tenderness over the

knee. He was initially treated in St. James Hospital.

Chalakkudy. He had also produced a disability certificate to

establish that he has sustained a disability of 9%. The

Tribunal did not consider the disability certificate but

M.A.C.A. 2360 OF 2008
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awarded him an amount of Rs.5,000/- for discomforts. I feel

the matter requires reconsideration at the hands of this

Court on the following grounds.

3. Being a photographer by profession and as the

accident had taken place on 7.10.01 considering the

structural income it may not be incorrect to fix the income at

Rs.2,500/- per mensum. When it is so the claimant will be

entitled to two months loss of earnings , i.e., Rs.5,000/- out

of which an amount of Rs.3,000/- is already awarded thereby

entitling him to an additional compensation of Rs.2,000/-.

4. Next is regarding the disability. The Tribunal itself

had clearly noted that the petitioner is not able to bent his

middle finger tip due to the fracture sustained in the accident

and that he has some difficulty functionally. The Tribunal

would opine that it will not affect his earning capacity. When

a finger cannot be bent that too in the profession of

photography even if it is his left hand he has to use his both

hands to handle the camera and he has to do it in different

angles and precision is the fundamental character of a good

photographer which requires strong and capable hands

besides good perception. When there is a physical disability

M.A.C.A. 2360 OF 2008
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it may affect the precision and so taking into consideration of

these aspects I am inclined to fix the disability at 4%. For

the age of 33 the multiplier is 17. Thus the loss of earning

power per annum would come to Rs.1,200/- which when

multiplied by 17 would be Rs.20,400/- out of which

Rs.5,000/- already awarded is deducted. Thus the additional

compensation under that head will be Rs.15,400/-. I also

feel an amount of Rs.2,600/- can be awarded to the claimant

towards loss of amenities which makes him entitled to get an

additional compensation of Rs.20,000/-.

In the result the MACA is partly allowed and the

claimant is awarded an additional compensation of

Rs.20,000/- 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/-