IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 04TH DAY OF JANUARY 2021/14TH POUSHA, 1942
RP.No.898 OF 2020 IN MACA No. 2202/2016
AGAINST THE JUDGMENT DATED 08-09-2020 IN MACA
No.2202/2016(E) OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT:
THE MANAGER, NEW INDIA ASSURANCE CO. LTD.,
MADAPPARAMBIL CHAMBERS,
MOOVATTUPUZHA BRANCH, PIN-686661.
BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL
RESPONDENT/APPELLANT:
BIJU,
S/O.KUMARAN, AREECKAL HOUSE,
POONJAR SOUTH KARA AND VILLAGE.
BY ADV. MATHEW JOHN
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
04-01-2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP No.898/2020
:2:
N. NAGARESH, J.
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R.P. No.898 of 2020
in
M.A.C.A. No.2202 of 2016
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Dated this the 4th day of January, 2021
ORDER
~~~~~~ The 3rd respondent-insurer in MACA No.2202/2016 has filed this Review Petition seeking to review the judgment dated 08.09.2020 in the MACA.
2. The respondent was the petitioner in OP(MV) No.684/2013 on the files of the Motor Accidents Claims Tribunal, Pala. The respondent suffered serious injuries in a motor accident occurred on 06.02.2013. The Tribunal awarded ₹9,89,350/- under various heads as compensation. Dissatisfied with the quantum of compensation, the respondent filed MACA No.2202/2016. In the MACA, this RP No.898/2020 :3: Court granted additional compensation of ₹20,18,823/- under the following heads:-
(i) Additional compensation towards ₹ 15,98,400 permanent disability
(ii) Additional compensation towards ₹50,000/-
disfigurement
(iii) Additional compensation towards future ₹3,70,423/-
medical expenses Total ₹20,18,823/-
The limited ground on which this RP is preferred relates to grant of 50% enhancement towards future prospects for arriving at the notional income of the respondent.
3. The learned Standing Counsel for review petitioner would submit that the respondent was not having any permanent job and was only a timber worker having monthly income of ₹9,000/-. Therefore, the respondent is entitled to get only 40% enhancement in notional income towards future prospects. The additional compensation of ₹15,98,400/- awarded to the respondent treating his notional monthly income as ₹13,500/- is excessive. RP No.898/2020 :4:
4. Learned counsel for the respondent, on the other hand, would contend that there is no illegality in granting 50% enhancement in the monthly income towards future prospects, since the respondent was having regular income. At any rate, the ground urged by the review petitioner is not sufficient to recall the judgment passed by this Court.
5. Heard learned Standing Counsel for the review petitioner and the learned counsel appearing for the respondent.
6. The finding of this Court as regards avocation of the respondent is that the respondent is a timber worker who was in receipt of a monthly income of ₹9,000/-. This Court granted 50% enhancement in the monthly income, towards future prospects. A Constitution Bench of the Hon'ble Apex Court in National Insurance Co. Ltd. v. Pranay Sethi and others [(2017) 16 SCC 680] held that 40% of established income should be added towards future prospects in case the deceased was below 40 years. In Magma General Insurance Co. Ltd. v. Nanu Ram [(2018) 18 SCC 130], the RP No.898/2020 :5: Hon'ble Apex Court reduced the percentage of future prospects from 50% to 40%.
7. In the absence of any proof that the respondent belonged to a salaried employment and the respondent being below the age of 40 years, he was entitled to count only 40% of his monthly income towards future prospects, in the light of the judgments of the Apex Court. Therefore, the notional monthly income of the respondent should have been taken as ₹12,600/-. But, this Court took ₹13,500/- as the notional monthly income inclusive of future prospects, which obviously is an error. Therefore, the judgment in the MACA is liable to be reviewed.
8. Accordingly, the compensation for permanent disability of the respondent is fixed as ₹18,14,400/- (₹12,600 x 12 x 16 x 75/100). As the respondent had already been awarded ₹3,45,600/- by the Tribunal, the entitlement towards additional compensation for permanent disability, would be ₹14,68,800/-.
9. In view of the above, the respondent is held RP No.898/2020 :6: entitled to additional compensation of ₹18,89,223/- under the following heads:-
(i) Additional compensation towards permanent ₹ 14,68,800 disability
(ii) Additional compensation towards ₹50,000/-
disfigurement
(iii) Additional compensation towards future ₹3,70,423/-
medical expenses Total ₹18,89,223/-
The additional compensation is accordingly reviewed and fixed as above. The respondent will be entitled to interest at the rate of 9% per annum for the additional compensation towards permanent disability and disfigurement.
The review petition is allowed as above.
Sd/-
N. NAGARESH, JUDGE aks/23.12.2020