IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 449 of 2004() ---------------------- OPMV.991/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------- POULOSE, S/O.KUNJUVAREED, PUTHANANGADI HOUSE, MANATTUKKUNNU P.O.KALLETTUMKARA, IRINJALAKUDA. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS: RESPONDENTS ------------------------ 1. K.S.R.T.C. REP. BY THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. THOMMU, S/O.CHAKKU, AKKARA HOUSE, AVANNUR VILLAGE AND DESOM, P.O. AVANNUR, THRISSUR. BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 449 OF 2004 -------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the KSRTC. This appeal is filed for enhancement of compensation for the injury sustained by the appellant. The Motor Accidents Claims Tribunal clearly found that the accident was caused on account of extreme negligence of the bus driver who was driving KSRTC bus. The appellant, a person engaged in purchase and sale of gunny bags, was knocked down while he was riding a bi-cycle. It is seen that appellant was unconscious for 10 days and he is certified with 20% disability. The Tribunal took the appellant's income at Rs. 1,000/- and fixed the compensation for loss of earning by taking 15% disabilsity. Appellant's case is that income fixed is too low and there is no justification for reducing the percentage of disability certified by the doctor. Counsel for the KSRTC submitted that even though appellant 2 was treated in the Medical College Hospital, disability certificate is obtained from a private hospital. Even though we find some force in this contention, we do not think the medical certificate is to be discarded as such more so when the Tribunal itself has accepted it, though not to the extent certified by the doctor, in the award of compensation. Besides fixing the income at low level and reducing the percentage of disability below the level certified by the doctor, appellant contended that Tribunal has not awarded sufficient compensation for pain and suffering and for loss of enjoyment in life. We find force in this contention because appellant suffered head injury and is stated to be still not in a fit condition. The fact that appellant suffered head injury and was in unconscious condition for 10 days is not disputed by respondents. Appellant was businessman engaged in purchase and sale of jute bags and he was only 45 years of age at the time of accident. Considering the above circumstances, we feel total compensation of Rs. 45,000/- is thoroughly inadequate. However, we do not think there is any need to grant additional compensation under each and every head and we feel a total addition will serve the purpose. 3 Considering the facts and circumstances of the case above referred, we enhance the compensation to Rs. 75,000/-. The KSRTC is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 4