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 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 792 of 2004() ---------------------- OPMV.419/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- V.V.JOSEPH,S/O.VARGHESE, VADAKKAN HOUSE, E.COLONY, ANGAMALAY P.O. BY ADV. SRI.JOSE THETTAYIL RESPONDENT(S): --------------- 1. K.V.JOSEPH, S/O.KOCHUVAREED, KARINGEN HOUSE, NADUVATTOM, MANJAPRA. 2. THE MANAGING DIRECTOR, K.S.R.T.C. TRANSPORT BHAVAN, TRIVANDRUM. ADV. SRI.SAJEEVKUMAR K. GOPAL, SC. KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON 26/08/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.792 of 2004 .................................................................... Dated this the 26th day of August, 2008. JUDGMENT Ramachandran Nair, J. The appellant, a young man of 26 years at the time of accident, suffered major injuries including damage to the brain and partial loss of vision for one eye. Even though the Doctor certified 20% disability, MACT reduced to 7% without assigning specific reason. The appellant was a marble/mosaic worker whose earning was fixed by the MACT at Rs.1,800/- per month for awarding compensation. It is seen that compensation is awarded under various heads, total of which is Rs.1,42,216/-. Counsel for the appellant raised dispute with regard to the income fixed and the percentage of disability taken by the MACT. Standing Counsel for KSRTC contended that disability certificates are invariably exaggerated and therefore, Motor Accidents Claims Tribunals refix disability which is done in this case also. Even though there may be some exaggeration in the percentage of disability in the certificate, having regard to the protracted treatment in various hospitals and the disability sustained by the petitioner in the accident, we feel enhancement is called 2 for, for loss of earning and also for loss of amenities in life. Under these two heads, we increase the compensation by Rs.32,784/- making the total compensation to Rs.1,75,000/-. The KSRTC is directed to deposit the additional compensation also with interest at 7.5% per annum from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms