IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 376 of 2004() ---------------------- OPMV.98/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIIONER IN OP(MV): ---------------------------------------------- VIJAYAN, S/O. DEVAKI AMMA, MANAKKAVEETTIL HOUSE, CHALAKUDY P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. JAYAKUMAR, S/O. PANKAJAKSHAN, VELUKKATHARA HOUSE (GEETHA BHAVAN), PALISSERY, KALLUR-THEKKUMMURI VILLAGE, MUKUNDAPURAM TALUK. ADV. SRI.K.PRABHAKARAN,SC KSRTC. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.376 of 2004 .................................................................... Dated this the 15th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the multiple injuries sustained by the appellant. We have heard counsel appearing for the appellant and Standing Counsel appearing for the KSRTC. 2. Counsel for the appellant submitted that compensation granted for disability which was certified at 20% is very low. According to him, reduction of percentage of disability and fixation of notional income at Rs.1,500/- after retirement are both arbitrary. Strangely MACT has not considered whether appellant was entitled to pension after retirement from the United India Insurance Company where he was serving at the time of the accident. Even before us, parties are not able to confirm whether appellant is enjoying pensionary benefits. In any case there is some logic in the claim of the appellant that he will be able to find some employment atleast for sometime after retirement. Counsel for the appellant pointed out that substantial amount of compensation granted is by way of reimbursement of medical expenses and for recoupment of loss of pay for the period of 2 medical leave availed by him. Considering the claims and the objection raised by KSRTC, we feel an addition to the total compensation will meet the ends of justice. We increase the compensation by a sum of Rs.35,000/- with direction to the KSRTC to deposit the said amount with interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms