IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 587 of 2006() ---------------------- OPMV.1576/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT. ------------------------------------- RAJAN @ RAJANBABU, S/O.DAS, PALLIVILA VEEDU, VELLAMCODE, KUNNATHUKAL, CHERIAKOLLA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: RESPONDENTS: ------------------------- 1. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD., THIRUVANANTHAPURAM. BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SRI.JOE KALLIATH FOR R2 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.587 of 2006 .................................................................... Dated this the 15th day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in the road accident caused by the KSRTC bus. It is seen that the MACT has accepted the percentage of neurological disability of the appellant at 65% in terms of the claim. However, we find force in the contention of appellant that the income fixed at Rs.2,000/- per month is low because as a salesman appellant was stated to be earning more. Even though clear evidence of income is not available, we feel appellant is entitled to have a reasonable monthly income fixed for the purpose of compensation. Consequently we fix the monthly income at Rs.2,500/- for the purpose of award of compensation for loss of earning and for disability. Accordingly for six months' loss of earning, appellant will be entitled to an additional compensation of Rs.3,000/- and for permanent disability, an additional compensation of Rs.66,300/-. The Insurance Company is directed to deposit the additional compensation with 2 interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms