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 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 265 of 2006() ---------------------- OPMV.763/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- P.C.JOSEPH ALIAS JOSEPH JUSTINE, PALATHARA HOUSE, PUNILATHUPADI, CHURULICODE.P.O, PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX RESPONDENT(S): --------------- 1. A.MICHAEL, PLANKALA PUTHEN VEEDU, KANEAKKULAM, MANCHIRA, NEYYATTINKARA. 2. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R2 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.265 of 2006 .................................................................... Dated this the 28th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident caused by a KSRTC bus. We have heard counsel for the appellant and Standing Counsel for KSRTC. The main grievance of the appellant is that the income fixed is low for the purpose of grant of compensation for disability. Counsel has relied on the income tax returns and other documents produced before the MACT to show that monthly income fixed at Rs.7,500/- is very low. Standing Counsel for KSRTC on the other hand submitted that since the appellant is partner of a business, the physical disability in the form of injury to eye will not affect his business and consequently there will be no loss of income. However, appellant's case is that the partnership firm is a family concern of which he is the managing partner actually carrying on business. Certainly the visual disability would affect his business in gold jewellery which requires a sensitive eye. Considering all this, we increase the income to rupees nine thousand per month which entitles the appellant for 2 compensation for disability of Rs.1,03,680/- as against Rs.86,400/- granted by the MACT. Similarly, for loss of earning for one month on account of the accident, appellant will be entitled to additional compensation of Rs.1,500/-. KSRTC is directed to deposit additional compensation with interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms