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. 103 of 2004() ---------------------- (AGAINST THE JUDGMENT IN OPMV.457/1998 DATED 23/05/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- VASUDEVAN, S/O. SANKUNNY KARIMPARAMBIL HOUSE, PERAMBRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 1 AND 2 IN OP(MV) -------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. 2. MOHAMED, S/O. KUNJU, PALAKKAPARAMBIL HOUSE, ARIPADAM P.O., NEAR U.C.COLLEGE, ALUVA. ADV. SRI.JAMES KOSHY.N., SC. KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON 02/09/2008 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.103 of 2004 --------------------------------- Dated, this the 2nd day of September, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned standing counsel for the KSRTC. 2. The appeal is filed for enhancement of compensation awarded for the injury sustained by appellant. The appellant sustained several fractures all over the body and consequently, MACT awarded fairly good compensation. Learned counsel for the appellant prayed for substantial enhancement of compensation under various heads because appellant is still under treatment and is unable to do the work. Learned standing counsel for KSRTC submitted that compensation awarded is quite reasonable because even without proof of income, MACT has granted total compensation of Rs.3,35,000/-. On going through the award and after hearing the parties, we find some force in the contention that the income fixed for determining compensation for loss of earning power is low. Since the MACA No.103/2004 -2- appellant was only 32 years of age at the time of accident, we refix the income at Rs.3,000/- per month for determining the compensation for loss of earning power. Accordingly, the compensation under this head is enhanced from Rs.1,22,400/- to Rs.1,83,600/-. Further, since the actual loss of earning is for 12 months, appellant is entitled to Rs.12,000/- more. The additional compensation of Rs.73,200/- with interest @ 7.5% from date of application till date of payment will be deposited by the KSRTC. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg