IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 MFA.No. 1479 of 2001(B) ----------------------- OPMV.280/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): -------------- SALIL.K.R., S/O.RAMACHANDRAN PILLAI, SITHARA, C.M.C.XIV, CHERTHALA. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C., TRIVANDRUM. 2. M.N.ASOKAN, MURAPPURAKKAL, AREEPARAMBU, CHERTHALA SOUTH, CHERTHALA. R1 ADV. SRI.JOHNSON P JOHN,SC KSRTC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.F.A. No.1479 of 2001 .................................................................... Dated this the 2nd day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the KSRTC. Appeal is for enhancement of compensation for the injury sustained by the appellant in a road accident caused by KSRTC bus while he was traveling in the pillion of a two wheeler driven by his brother. Even though the rider did not sustain major injuries, the appellant suffered major injuries leading to some disability. Even though counsel for the appellant highlighted nature of injuries as very serious, the Doctor has certified permanent disability only at 7% which itself was reduced by MACT to 5%. Standing Counsel for KSRTC submitted that income adopted at Rs.2,000/- per month is high for an unemployed youth. We notice that the injuries are such that the percentage of disability certified by Doctor cannot be said to be exaggerated or unreal. Even though appellant was not employed, on the face of it, he appears to be a bright student doing Pre-degree course 2 at the time of the accident. Considering the nature of injuries sustained by him and the disability which is lasting in nature, we enhance the total compensation from Rs.53,425/- (including interest) to Rs.65,000/-. However, the additional compensation of Rs.11,575/- granted by us will carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms