SREEJITH.K.R. Vs. M.N.YASODARADEVI

JUDGEMENT

(1.) THE claimant in O.P.(M.V).No. 1985/2006 before the Motor Accidents Claims Tribunal, Kottayam, is the appellant herein. He filed the O.P. claiming compensation under Section 163A of the Motor Vehicles Act, for the injuries and consequent disability suffered by him on account of the negligent driving of a vehicle owned by the 1st respondent, driven by the 2nd respondent and insured with the 3rd respondent. After finding negligence on the part of the driver of the vehicle, the Tribunal awarded compensation under Section 163A of the Motor Vehicles Act, as follows:

(2.) THE contention of the appellant is that in claims under Section 163A, compensation has to be calculated in accordance with the table in Schedule II, which in turn stipulates that in respect of injuries deemed to result in permanent total disablement/permanent partial disablement, percentage of loss of earning capacity shall be as per Schedule I under the Workmen's Compensation Act, 1923. The contention of the appellant is that in the accident, the appellant lost one phalanx of his left index finger and one phalanx of his left middle finger. According to the appellant, in Entry 29 of Schedule I of the Workmen's Compensation Act, the percentage of disability for loss of earning capacity of one phalanx of left index finger is 9% and the percentage of loss of earning capacity for loss of one phalanx of left middle finger is 7. Therefore, adding together, the appellant is entitled to compensation for loss of earning capacity amounting to 16%, is the contention of the appellant.

(3.) WE have heard the parties.