IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 2033 of 2005() ----------------------- (AGAINST THE AWARD DATED 08/08/2005 IN OPMV.1715/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR) .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- K.M.BALAN, S/O.MANGODAN, KOZHICHUNDA, KIZHAKKUMPURAM, MANNUR, PALAKKAD TALUK. NOW RESIDING AT HOUSE NO.XXX/482, POONKUNNAM, THRISSUR. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENT(S): RESPONDENTS. --------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. PARAMESWARAN, S/O.THAMI, THRIKKATTIYURPADI, ILAVANGADU P.O. KUMARANELLUR, PALAKKAD DISTRICT. 3. THE NATIONAL INSURANCE CO.LTD., ST.JOSEPH PRESS BUILDING, VAZHUTHACAUD, THIRUVANANTHAPURAM 14. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No. 2033 of 2005 --------------------------------- Dated, this the 2nd day of September, 2008 J U D G M E N T Ramachandran Nair, J. We have heard learned counsel for the appellant and learned standing counsel for the Insurance Company. 2. Even though learned counsel has sought for enhancement of compensation for disability and loss of earning power, we find that the MACT has accepted 10% disability and granted compensation under two heads one for permanent disability and the other for loss of earning capacity. The Full Bench of this Court has held that compensation cannot be granted separately under these two heads. However, since total compensation granted under these two heads is Rs.51,000/-, we feel no modification is called for, even though grant of separate compensation under these two heads cannot be justified. However, having regard to the age of appellant, who was only 40 years of age at the time of accident and the major injury sustained by him, the appellant is entitled to enhancement of M.A.C.A.No.2033/2005 -2- compensation for pain and suffering, loss of future enjoyment in life, etc. We, accordingly, increase the compensation under these heads from Rs.20,000/- to Rs.28,350/- making the total compensation to Rs.1,50,000/-. The Insurance Company is directed to deposit the additional compensation amount with interest @ 7.5% from the date of application till date of payment. The appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg