IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 139 of 2003(D) ----------------------- OPMV.370/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- CLARA, W/O.VARGHESE, CHERUVATHUR HOUSE, POTTA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) ---------------------------------- 1. MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. 2. SATHEESAN, S/O.KUNJIKRISHNAN, MADATHIL HOUSE, PERAMBRA P.O., MEJANYAM, KOYILANDY TALUK. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.139 of 2003 .................................................................... Dated this the 8th day of July, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for KSRTC. Appeal is filed against adequacy of compensation for loss sustained by the appellant in the accident caused by the KSRTC bus. Even though appellant has claimed enhancement on all counts, we feel all what is required is to fix a rational monthly income for the purpose of computation of loss. The MACT has taken the monthly income at Rs.1,000/- for computing loss of earning power. The appellant was aged 48 years as on date of accident and was certainly able to earn much higher wages even as a cooli. It is also to be seen that there has been steady increase in wages subsequently. In the circumstances, we allow the appeal in part by modifying and refixing the compensation on account of loss of earning capacity at Rs.93,600/- i.e. at the rate of Rs.2,000/- per month as against Rs.1,000/- adopted by MACT. Similarly, appellant will be entitled to loss of wages for six months at the rate of Rs.2,000/- per month as against Rs.1,000/- per month fixed by the MACT. Consequently we increase this amount from Rs.6,000/- to 2 Rs.12,000/-. No other modification is called for with regard to the compensation awarded on other counts. The KSRTC will deposit the additional amount of compensation awarded herein also with interest at the rate of seven and a half per centage per annum from the date of filing claim petition till date of deposit. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms