High Court Kerala High Court

Ravi vs P.P.Laiju on 16 December, 2009

Kerala High Court
Ravi vs P.P.Laiju on 16 December, 2009
       

  

  

 
 
  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.
              = = = = = = = = = = = = = =
               M.A.C.A. NO. 1121 OF 2009
            = = = = = = = = = = = = = = =
      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
-:2:-

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
-:3:-

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/-