IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2970 of 2008()
1. C.P.MADHURAJ
... Petitioner
Vs
1. P.J.SAJI JOSEPH AND 2 OTHERS
... Respondent
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent :SRI.P.G.GANAPPAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/10/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2970 OF 2008
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Dated this the 6th day of October, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kottayam in O.P.(MV)2259/04.
The claimant, a carpenter aged 38 years by profession
sustained injuries in a road accident which resulted in the
amputation of fourth toe on his right foot. The Tribunal
awarded a compensation of Rs.31,800/- and directed the
insurance company to pay the amount. It is against that
decision the claimant has come up in appeal for
enhancement.
2. The point that arises for determination in the
appeal is regarding the entitlement to have an additional
compensation. It has to be stated that this is a clear case
where there has been amputation on the 4th toe. It is a
schedule injury coming under the Workmen’s Compensation
Act. As per entry 41 of paragraph II of Workmen’s
Compensation Act when there is an amputation on a toe over
M.A.C.A. 2970 OF 2008
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the big toe through meta-tarso phalangeal joint the
percentage of loss of earnings capacity is 3%. Unfortunately
the Tribunal did not consider those aspects at all and denied
the compensation for disability on the ground that disability
certificate is not produced. Since it is a schedule injury we
can very specifically rely upon the table and calculate the
compensation.
3. The Tribunal has fixed the income at Rs.3,500/-
and it is correct for the reason that the person is a carpenter
by profession. When the income is taken at Rs.3,500/- the
annual loss of earning power at the rate of 3% would come
to Rs.1,260/- which when multiplied by 15 would be
Rs.18,900/-. For loss of amenities and enjoyment I award a
sum of Rs.7,000/- thus making a total of Rs.25,900/- out of
this the Tribunal has awarded a sum of Rs.13,000/- and
therefore towards permanent disability and loss of amenities
the claimant is entitled to an additional compensation of
Rs.12,900/-. On account of the amputation of the toe it is
definite that he would not have been in a position to do any
M.A.C.A. 2970 OF 2008
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work for a period of two months for which I enhance a
compensation of Rs.3,500/-, thereby entitling the claimant to
have an additional compensation of Rs.16,400/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.16,400/- with 7% interest on the said sum from the date
of petition till 8.10.2007 and from 10.12.2008 till realisation
and the respondent 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/-