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 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 1136 of 2004 ----------------------- OPMV.2173/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ---------------------------- APPUNNI NAIR, S/O. KRISHNA PILLAI, PANIKKAVEETTIL HOUSE, VELLAPPALLY BHAGOM, PALLICKALCHIRA P.O., CHANGANACHERRY. BY ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.P.B.KRISHNAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. VISWAKUMAR, S/O. GANGADHARAN, VISHNU BHAVAN, KOTTARKAVU, MAVELIKKARA. 2. THE MANAGING DIRECTOR, K.S.R.T.C, THIRUVANANTHAPURAM. R1 BY ADV. SRI.R.VINOD R2 BY SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1136 OF 2004 -------------------------------------------- Dated this the 11th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a motor accident. Appellant, a lawyer clerk, suffered major injuries in a road accident caused by KSRTC bus. Even though MACT found negligence on the part of bus driver, awarded compensation against KSRTC, but it reduced the percentage of disability from 25% to 10% without any justification. Moreover, income of the appellant was fixed at Rs. 1500/- per month as against his claim of Rs. 3,000/- per month. We feel, being a lawyer clerk with some standing, appellant would have been earning higher amount than the amount fixed by the MACT. Even though there is no scope for enhancement of percentage of disability from what is fixed by MACT, we enhance the appellant's income to Rs. 3000/- per month. Consequently appellant will be entitled to additional compensation of 2 Rs. 23,400/- for the permanent disability. Consequent upon increase of income appellant will be entitled to loss of earning for six months for another Rs. 9000/-. The insurance company is directed to deposit additional compensation of Rs. 32400/- granted by us with interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3