IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No. 988 of 2005() ---------------------- OPMV.1530/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SAJEEV.C.PHILIP, S/O.C.J.PHILIP, KOTTACKAL HOUSE, KARAPPUZHA, KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. JOSE THOMAS, MIDLAND MOTORS, KONDODYIL HOUSE, VIJAYAPURAM. 2. BENNY.K.T., KUMPUKKAL HOUSE, PONKUNNAM. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM REP. BY ITS DIVISIONAL MANAGER. 4. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 5. K.E.EASO, DRIVER, K.S.R.T.C. BUS STATION, KOTTAYAM. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 ADV. SRI.JOHNSON P. MATHEW, SC FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.988 of 2005 .................................................................... Dated this the 22nd day of September, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in the form of loss of right arm above the elbow. Accident was a collision between a KSRTC bus and a private bus insured by the third respondent. The MACT fixed liability between KSRTC and the Insurance Company in the ratio of 40:60. Since both these parties have not filed appeals, we do not find any ground to change the ratio by which the MACT ordered sharing of liability. 2. So far as enhancement of compensation is concerned, we find force in the contention of counsel for the appellants that there was no justification for the MACT to reduce percentage of disability certified by the Medical Board from 60% to 20%. The appellant claims to be proprietor of a footwear shop. Having regard to the nature of employment, we feel atleast 40% disability should be taken for the purpose of award of compensation. Consequently compensation for disability is increased by Rs.63,000/-. Since the appellant has lost his right arm, we feel enhancement of 2 compensation is called for, for loss of enjoyment in life and for pain and suffering for amputation. We, therefore, enhance the compensation by a further sum of above Rs.13,000/- to make the total compensation to Rs.2 lakhs. The KSRTC and the Insurance Company are directed to deposit the additional compensation amount with interest at 7.5% p.a. in the same ratio at which the original compensation awarded by the MACT is shared between them. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms