IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 MACA.No. 1183 of 2007() ----------------------- OPMV.1522/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JEEVAN, S/O.BHASKARAN PANICKER, GOWRI NILAYAM, OCHIRA. BY ADV. SRI.K.HARILAL RESPONDENT(S): --------------- 1. V.G.JOSEPH, S/O.JOSEPH, PULIMOTTIL THEKKATHIL, KUTAUBACHIRA, KARAVALLOOR, PUNALUR. 2. K.S.R.T.C., REPRESENTED BY MANAGING DIRECTOR, THIRUVANANTHAPURAM. R2 BY SC SRI. K. PRABHAKARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/04/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 1183 OF 2007 -------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the KSRTC. The main grievance of the appellant is against fixation of notional income of Rs. 1500/- for the purpose of granting compensation for permanent disability. Counsel for the KSRTC contended that percentage of disability is exaggerated and the same is not issued by a Medical Board. Since Orthopaedic Surgeon has certified disability, we do not think there is any need to doubt it's genuineness. Moreover since the appellant was stated to be running a small bakery his income should be fixed at the minimum of Rs. 2000/- per month. This will entitle the appellant for additional compensation of around Rs. 18,000/-. We grant Rs. 2,000/- additionally for pain and sufferings. Additional compensation granted by us will carry interest at 7.5 per cent per annum from the date of application till date of 2 deposit. Appeal is allowed to the extent indicated above. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3