IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 MACA.No. 202 of 2006() ---------------------- OPMV.574/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- CHANDRAN, S/O.KARAPPAN, VAZHOOR HOUSE, P[.O.P.VEMBALLUR, KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C. THIRUVANANTHAPURAM. 2. CHANDRAN ACHARI, S/O.KUTTI ACHARI, WADAKKEDATH HOUSE, P.O.ETTU,MANOOR, KOTTAYAM DISTRICT. R1 BY ADVS. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC SHRI.JOHNSON P.JOHN, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 202 OF 2006 -------------------------------------------- Dated this the 16th day of September, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident in which the appellant sustained serious spinal and cervical injuries. We have gone through the award and have heard counsel appearing for the appellant and standing counsel appearing for the KSRTC. The main grievance of the appellant is that income fixed at Rs. 1500/- per month is too low because the appellant was running an industry and was earning much higher income. Counsel has relied on the documents, such as factory licence, sales tax exemption certificate, etc. issued by the concerned authorities to estblish that appellant was running an industry. However, these documents do not indicate the turnover or the profit earned by the appellant. Therefore MACT was left with no option but to estimate the income of the appellant. Even though no acceptable 2 evidence was produced to prove the income, income fixed at Rs. 1500/- per month is too low because even as factory worker appellant would have earned at least Rs. 3,000/- per month. We therefore refix the income at Rs. 3000/- per month for the purpose of compensation. Consequently loss of earning power for six months is enhanced from Rs. 9000/- to Rs. 18,000/-. Similarly compensation for permanent disability is enhanced to Rs. 2,37,600/- as against Rs. 1,18,800/- awarded by the MACT. The KSRTC is directed to deposit the additional compensation amount with interest at 7.5% per annum from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3