Kerala High Court
Vipin Mohan vs Reliance General Insurance Co.Ltd on 3 July, 2025
2025:KER:48379
1
M.A.C.A. No.75 of 2020 and
Cross Objection No.19 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
MACA NO. 75 OF 2020
AGAINST THE AWARD DATED 16.08.2019 IN OP(MV) NO.1232 OF
2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOLLAM
APPELLANT/3RD RESPONDENT:
RELIANCE GENERAL INSURANCE CO. LIMITED,
REGIONAL OFFICE, 1ST FLOOR, VISHNU BUILDING,
K.P.VALLON ROAD, KADAVANTHRA, KOCHI - 20,
REPRESENTED BY ITS MANAGER.
BY ADVS.SRI.GEORGE CHERIAN (SR.)
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
RESPONDENT/CLAIMANT:
VIPIN MOHAN,
AGED 28 YEARS, S/O.VASANTHA KUMARI, VIPIN BHAVAN,
KANJIRAKUZHY, PUNUKKANNOOR, ALUMMOOD P.O.,
ELAMPALLOOR VILLAGE - 691 577.
BY ADVS. SRI.V.JAYAPRADEEP
SMT.O.A.NURIYA
SRI.D.S.LOKANATHAN
SRI.ALAN PRIYADARSHI DEV
SMT.LILIN LAL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN COME UP FOR
FINAL HEARING ON 24.06.2025, ALONG WITH CO.19/2024, THE COURT
ON 3/7/2025 DELIVERED THE FOLLOWING:
2025:KER:48379
2
M.A.C.A. No.75 of 2020 and
Cross Objection No.19 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
CO NO. 19 OF 2024
ARISING FROM MACA NO.75 OF 2020
CROSS OBJECTOR/RESPONDENT:
VIPIN MOHAN
AGED 32 YEARS
S/O VASANTHA KUMARI, VIPIN BHAVAN, KANJIRAKUZHY,
PUNUKKANNOOR, ALUMOOD P.O., ELAMPALLOOR VILLAGE,
PIN - 691577
BY ADVS. SRI.V.JAYAPRADEEP
SMT.O.A.NURIYA
SRI.D.S.LOKANATHAN
SRI.ALAN PRIYADARSHI DEV
SMT.LILIN LAL
RESPONDENT/APPELLANT:
RELIANCE GENERAL INSURANCE CO.LTD
REGIONAL OFFICE, 1ST FLOOR VISHNU BUILDING,
K.P.VALLON ROAD, KADAVANDRA, KOCHI, REPRESENTED BY
IT'S MANAGER, PIN - 681020
BY ADVS.SRI.GEORGE CHERIAN (SR.)
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
THIS CROSS OBJECTION HAVING BEEN COME UP FOR FINAL
HEARING ON 24.6.2025, THE COURT ON 03.07.2025, ALONG WITH
MACA.75/2020, DELIVERED THE FOLLOWING:
2025:KER:48379
3
M.A.C.A. No.75 of 2020 and
Cross Objection No.19 of 2024
C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A. No.75 of 2020 and
Cross Objection No.19 of 2024
----------------------------------------------------
Dated this the 3rd day of July 2025
JUDGMENT
The aforesaid appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (the Act) by the third respondent/insurer in O.P.(MV) No.1232/2016 on the file of the Motor Accidents Claims Tribunal, Kollam, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 16/08/2019. The sole respondent herein is the claim petitioner, who has filed the cross objection claiming enhancement. In this appeal and cross objection, the parties and the documents will be referred to as described in the original petition.
2. According to the claim petitioner, on 18/04/2016 at 04:00 p.m., he was riding motorcycle bearing registration no.KL-21/1879 through Kollam-Ayoor public road and when he reached near the 2025:KER:48379 4 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 place by name Cheruvakkal junction, lorry bearing registration no.KL-25/B-1513 driven by the second respondent in a rash and negligent manner knocked him down, as a result of which he sustained grievous injuries. A sum of ₹80,00,000/- was claimed as compensation under various heads.
3. The first respondent/owner and the second respondent/driver remained ex parte.
4. The third respondent/insurer filed written statement admitting the existence of a valid policy in respect of the offending vehicle. The age, occupation and income of the claim petitioner were disputed. It was contended that the compensation claimed was quite excessive.
5. Before the Tribunal, PW1 was examined and Exts.A1 to A26 and Ext.X1 were marked on the side of the claim petitioner. No oral or documentary evidence was adduced from the side of the respondents.
2025:KER:48379 5 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024
6. The Tribunal on consideration of the oral and documentary evidence and after hearing both sides, found negligence on the part of the second respondent/driver of the offending vehicle resulting in the incident and hence awarded an amount of ₹1,02,27,000/- together with interest @ 8% per annum from the date of the petition till realisation excluding interest for future treatment expenses. Aggrieved by the Award, the third respondent/insurer has come up in appeal.
7. The only point that arises for consideration in this appeal is whether there is any infirmity in the findings of the Tribunal calling for an interference by this Court.
8. Heard both sides
9. The award of compensation by the Tribunal under the following heads is challenged -
Age and multiplier It was submitted by the learned counsel for the claim petitioner 2025:KER:48379 6 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 that the latter was aged 25 years at the time of the incident. Therefore, the correct multiplier to be applied was '18'. However, the Tribunal took '17' as the multiplier, which is an error that requires to be corrected. Per contra it was submitted by the learned Senior counsel appearing for the third respondent/insurer that no evidence was produced to prove the age of the claim petitioner and therefore the Tribunal was justified in taking the multiplier as '17'.
9.1. In the petition, the age of the claim petitioner is stated to be 25 years. Paragraph 4 of the written statement of the third respondent/insurer reads - "The age, occupation and income of the petitioner are false and hence denied. ... ... ...". In all the medical records that have been produced before the Tribunal, marked and admitted in evidence, the age of the claim petitioner is stated to be 25 years in the year 2016. These documents are not seen disputed or denied by the third respondent/insurer. That being so, the age of the claim petitioner can be taken to be 25 years at the time of the 2025:KER:48379 7 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 incident and therefore the Tribunal went wrong in taking '17' as the multiplier. The correct multiplier to be applied is '18'. Percentage of functional disability and compensation for loss of future earnings
10. It was submitted by the learned Senior counsel for the third respondent/insurer that when Ext.X1 disability certificate states that the disability is only 78%, the Tribunal went wrong in fixing the disability at 100%. Per contra, it was submitted by the learned counsel for the claim petitioner, referring to Ext.X1 that due to the injuries sustained in the accident, the Tribunal rightly fixed the disability at 100%. The claim petitioner is unable to walk without assistance. He needs a constant attendant by his side as he has a tendency to fall. Due to frequent falls, he has sustained injuries including fractures which had to be operated upon. Reference was made to the dictum in Kajal v. Jagdish Chand, (2020) 4 SCC 413 in support of the arguments.
2025:KER:48379 8 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 10.1. Ext.X1 the Disability Certificate dated 24/10/2017 issued by the Medical Board, Medical College Hospital, Thiruvananthapuram reads thus -
"DISABILITY CERTIFICATE No.G2/14471/2017/GMCH/TVM Dated: 24/10/2017 Medical Board constituted as per the order of the Hon'ble Motor Accidents Claims Tribunal, Kollam, in OP (MV) 1232/2016.
We, the members of the Medical Board, Medical College Hospital, Thiruvananthapuram have examined Sri. Vipin Mohan aged 26 years. S/o Vasantha Kumary residing at Vipin bhavan, Kanyakuzhy, Punnukkannur Alummodu P.O. Kollam on 24/10/2017, and found him as a person with disability by reason of physical and visual impairment due to;
1. Neurosurgical disability due to (i) Moderate Cerebellar ataxia. (ii) Moderate Dysarthria (iii) Mild Bladder incontinance.
2. Visual Disability- No perception of light Right eye
3. Orthopaedic Disability- Partial ankylosis of Right Elbow.
2025:KER:48379 9 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 ... ... ...
The following consultants in different specialties were included in the Medical Board and they have examined the patient to assess the disability and it has been found that the disability is permanent, the degree of disabilities have been found as 78% (Seventy Eight percentage). ... ... ..."
(Emphasis supplied).
10.2. 'Ataxia' is an abnormal condition characterized by impaired ability to coordinate movement. A staggering gait and postural imbalance are caused by a lesion in the spinal code or cerebellum, which might be the sequela of birth trauma, congenital disorder, infection, degenerative disorder, neoplasm, toxic substance, or head injury. (Mosby's Medical Dictionary, 2006, page 100). 'Dysarthria' is difficult, poorly articulated speech, resulting from interference in the control over the muscles of speech, usually because of damage to a central or peripheral motor nerve. (Mosby's Medical Dictionary, 2006, page 371).
2025:KER:48379 10 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 10.3. In Kajal (Supra) a young girl suffered serious injuries resulting in damage to her brain. According to the medical report produced, due to the head injury sustained she was left with a very low IQ and severe weakness in all her four limbs. She had severe hysteria and urinary incontinence. Her disability was assessed as 100%. One of the members of the Medical Board who had issued the disability certificate deposed before the Tribunal that as per the assessment done, her I.Q. was less than 20% of a child of her age and her social age was only of a 9 month old child. This meant that Kajal while lying on the bed would grow up to be an adult with all the physical and biological attributes which a woman would get on attaining adulthood, including menstruation etc., but her mind would remain of a 9 month old child and she would never understand what was happening all around her. Hence, in such circumstances, it was held that it was a case where departure had to be made from the normal rule as the pain and suffering suffered by the child was such 2025:KER:48379 11 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 that no amount of compensation would be able to compensate it.
10.4. Ext.A12 dated 06/06/2016 issued by Dr.A.Marthanda Pillai, MS (Neuro) MNAMS (Neuro) FRCS, Sr.Consultant Neurosurgeon, Ananthapuri Hospitals and Research Institute, Thiruvananthapuram, reads -
"TO WHOMSOEVER IT MAY CONCERN This is to certify that Mr. Vipin 25/M (MRD No: 274967) referred case from Sri Gokulam Medical College with alleged h/o RTA bike vs lorry on 18.04.2016 was admitted in this hospital on 19.04.2016. He was intubated and ventilated. He was diagnosed as RTA - right cerebellar bleed, SAH, fractured right orbit, interparanchymal contusion, fracture both hands, both bones, fractured zygomatic arch, right maxilla and right mandible. He is admitted under the Neurosurgery Department and is being managed conservatively with antibiotics, antiepileptics, antiedema measures, antacids and other supportives. He underwent repair of carotid cavernous fistula under GA. Active line of physiotherapy is also being administered. The patient is improving and in view of his clinical condition he will need prolonged hospitalization.
2025:KER:48379 12 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 As per the bill dated 06.06.2016, he had incurred a bill amount of INR 16,57,828/-. He will need at least two more months hospitalization and the approximate cost of treatment will be INR 500,000/-." (Emphasis supplied).
10.5. I.A.No.2/2024 filed by the claim petitioner for receiving additional documents has been allowed and the additional documents have been marked as Ext.A27 series. In pages 127 and 130 of Ext.A27, the certificates issued by the doctors concerned read thus -
Page 127 -
"07/05/2024 TO WHOM SO EVER IT MAY CONCERN This is to certify that, Mr. Vipin (33 year Male) with MRD No:
274967, was referred from Gokulam Medical College with alleged h/o RTA on 18/4/16 initially treated there. He was diagnosed with right cerebellar hematoma. IV ventricle obstructive hydrocephalus, left temporal and frontal hemorrhagic contusion - S/p 2025:KER:48379 13 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 decompression craniectomy and evacuation on 19/4/16, fracture right mandible, right maxilla, right orbit, right basi occiput and left temporal bone. Right eye proptosis and corneal ulcers S/p tarsorraphy (9/6/16). Right carotico cavernous fistula S/p CCF coiling (24/5/16), dissection of right ICA/dissection and pseudoaneurysm, left ICA s/p stenting acress CCF, dislocation of right elbow. He is now on long term treatment in OP basis and has to continue regular follow up on long term basis."
(Emphasis supplied).
Page 130 -
"Date : 18/5/24 To whomsoever it may concern This is to certify that Mr. Vipin 33 years old has been on regular treatment in OP basis due to self falls from 2020. He had a H/o RTA on 2016 and also he had several surgeries since 2016."
10.6. Unlike in Kajal's (Supra) case, where there was materials before the Court to show that she was in a vegetative state, there is no such evidence in the case on hand. The certificates of the 2025:KER:48379 14 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 year 2024 also do not show that he is bedridden or wheel-chair bound. However, the disabilities caused to the claim petitioner is also required to be kept in mind. A Medical Board consisting of 7 experts, namely, Associate Professor, Department of Neurology ; Associate Professor, Department of Ophthalmology ; Additional Professor, Department of Orthopaedics ; Additional Professor, Department of Physical Medicine and Rehabilitation ; Associate Professor, Department of Oral and Maxillofacial Surgery ; Assistant Professor, Department of ENT and Associate Professor, Department of Psychiatry have fixed the disability at 78%, which is quite high. Due to the injuries caused, he has a tendency to fall and has difficulty in speech. PW1, HR Manager, Sabari Distribution Pvt. Ltd., who was examined to prove the income of the claim petitioner, deposed that pursuant to the accident due to poor medical condition, the latter has not reported for work. In the cross-examination, PW1 deposed regarding the nature of the work of the claim petitioner, that is, to 2025:KER:48379 15 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 visit the shops in his route and take orders. The disabilities caused seem to have certainly affected his functional ability, due to which he had to quit his job.
10.7. In this context it would be apposite to refer to the dictum in Raj Kumar v. Ajay Kumar, (2011)1 SCC 343 which has been followed in Anthony Swami v. M.D., KSRTC, (2020)7 SCC 161 and in many other subsequent decisions, wherein the heads under which compensation is awarded in personal injury cases has been explained:
Pecuniary damages (Special Damages)
(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.
(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising:
(a) Loss of earning during the period of treatment.
2025:KER:48379 16 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024
(b) Loss of future earnings on account of permanent disability.
(iii) Future medical expenses.
Non - pecuniary damages (General Damages)
(iv) Damages for pain, suffering and trauma as a consequence of the injuries.
(v) Loss of amenities (and / or loss of prospects of marriage).
(vi) Loss of expectation of life (shortening of normal longevity).
In routine personal injury cases, compensation will be awarded only under heads (i), (ii)(a) and (iv). It is only in serious cases of injury, where there is specific medical evidence corroborating the evidence of the claimant, that compensation will be granted under any of the heads (ii)(b), (iii), (v) and (vi) relating to loss of future earnings on account of permanent disability, future medical expenses, loss of amenities (and / or loss of prospects of marriage) and loss of expectation of life. The Apex Court has lucidly set out the principles 2025:KER:48379 17 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 for grant of compensation in cases of permanent physical functional disability as follows: Where the claimant suffers a permanent disability as a result of injuries, the assessment of compensation under the head of loss of future earnings would depend upon the effect and impact of such permanent disability on his earning capacity. The Tribunal should not mechanically apply the percentage of permanent disability as the percentage of economic loss or loss of earning capacity. In most of the cases, the percentage of economic loss, that is, the percentage of loss of earning capacity, arising from a permanent disability will be different from the percentage of permanent disability. Some Tribunals wrongly assume that in all cases, a particular extent (percentage) of permanent disability would result in a corresponding loss of earning capacity, and consequently, if the evidence produced show 45% as the permanent disability, will hold that there is 45% loss of future earning capacity. In most of the cases, equating the extent (percentage) of loss of earning capacity to 2025:KER:48379 18 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 the extent (percentage) of permanent disability will result in award of either too low or too high a compensation. Ascertainment of the effect of the permanent disability on the actual earning capacity involves three steps. The Tribunal has to first ascertain what activities the claimant could carry on despite the permanent disability and what he could not do as a result of the permanent disability (this is also relevant for awarding compensation under the head of loss of amenities of life). The second step is to ascertain his avocation, profession and nature of work before the accident, as also his age. The third step is to find out whether (i) the claimant is totally disabled from earning any kind of livelihood, or (ii) whether in spite of the permanent disability, the claimant could still effectively carry on the activities and functions, which he was earlier carrying on, or
(iii) whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or 2025:KER:48379 19 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 can continue to earn his livelihood.
10.8. As noticed earlier, there is no materials on record to show the present condition of the claim petitioner. Ext.A12 dated 06/06/2016 says that his condition was improving. Nine years have elapsed since then. There is no evidence to show that contrary to what is stated in Ext.A12, his condition has worsened or deteriorated. In the absence of such materials, it may not be right to fix the disability at 100%. In the light of Ext.X1 and applying the test laid down in Raj Kumar (Supra), I find that the functional disability can also be taken as 78%. As the disability is 78%, 40% of the established income can be added towards loss of future prospects. Hence, the amount of compensation would be ₹28,30,464/- [(₹12,000 + 40%) x 12 x 18 x 78%].
Loss of earnings
11. It was submitted by the learned counsel for the third respondent/insurer that unlike in the case of Kajal (Supra), where the 2025:KER:48379 20 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 claimant was in a vegetative state, there is no evidence that the claim petitioner herein is in a vegetative state or completely bedridden or wheelchair bound justifying the Tribunal to adopt the multiplier system. My attention was also drawn to the claim in the petition wherein the claim for 'loss of earnings' was for the period from 18/04/2016 to 18/10/2016, that is, for ₹1,50,000/- only. On the other hand, the learned counsel for the claim petitioner relying on Ext.X1 reiterated his arguments that, due to the injuries sustained, the claim petitioner has 100% disability making it impossible for him to work till date after the accident. He is unable to walk without any assistance. He needs a constant attendant as he has a tendency to fall. It is also submitted that due to the disability sustained, the claim petitioner has sustained injuries including fractures several times due to the frequent falls he had. Therefore, the Tribunal was justified in adopting the multiplier system while computing compensation under this head, goes the argument.
2025:KER:48379 21 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 11.1. I have already held that the facts in Kajal's case is different from the factual matrix in this case. In the light of the materials on record, this Court is unable to find that the claim petitioner is in the same state as that of Kajal. However, it is seen that due to the injuries sustained, he was unable to continue his job and he had to give up the same. The certificates that are now produced before this court show that he needs regular treatment and continuous follow-up also. That being the position, I find that a period of six years can be taken towards 'loss of earnings', which would be ₹8,64,000/- (₹12,000/- x 72 months). Bystander expenses
12. An amount of ₹40,000/- was claimed. The Tribunal awarded an amount of ₹24,48,000/- again applying the multiplier system. The learned senior counsel for the third respondent/insurer challenges the amount awarded under this head also. It is true as submitted by the learned counsel for the claim petitioner that the 2025:KER:48379 22 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 latter has a tendency to fall and has got difficulty in speech also. But that may not require life-long personal attendance. The Tribunal granted compensation @₹400/- per day for 17 years. The materials on record show that he was hospitalised for a period of 77 days. Ext.A12 says that he would require two more months of hospitalisation. Therefore, towards 'bystander expenses', compensation @ ₹450/- per day can be granted which would be ₹61,650/- (₹450/- x 77 days + ₹450/- x 60 days, based on Ext.A12). Future personal attendance
13. Though he has not produced any evidence to show that pursuant to the accident he had engaged an attendant, in the light of the disability sustained, he may need assistance for a few years. Hence, I find that a lump sum amount of ₹5 lakhs under the head 'future personal attendance' can be given which can be deposited in fixed deposit and the interest therefrom can be used to meet the expenses towards future attendance required.
2025:KER:48379 23 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 Future medical expenses and physiotherapy treatment
14. Ext.A27 series bills produced show that an amount of ₹62,063/- had been expended by the claim petitioner. It is submitted by the learned Senior counsel for the third respondent/insurer that an amount of ₹1 lakh has already been granted and therefore no further amount is due to the claim petitioner. On the other hand, the learned counsel for the claim petitioner referred to Ext.A12 in which the doctor says that the approximate cost of treatment would be ₹5 lakhs.
14.1. As noticed earlier, Ext.A12 dated 06/06/2016 states that the claim petitioner would require at least two more months hospitalisation and the cost would be approximately ₹5 lakhs. Therefore by this time, he would have already spent money for treatment and obtained bills for the same. The bills produced are Ext.A27 series. Apart from Ext.A27 series, no other documents have been produced. Therefore, an amount of ₹62,063/- can be awarded towards 'future treatment'.
2025:KER:48379 24 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 14.2. It is also submitted that ₹40,000/- awarded towards 'physiotherapy' is too low. However, no materials have been produced to show the expenses incurred under this head. Further, an amount of ₹1 lakh has already been granted towards 'future treatment' by the Tribunal in addition to ₹40,000/- for physiotherapy. Therefore, I find that no further amount is required to be awarded. Extra nourishment
15. An amount of ₹40,000/- was claimed. The Tribunal granted ₹80,000/- which according to the learned counsel for the claim petitioner is quite low. It is submitted that from the time of the accident till date, that is, even after the expiry of nine years, he still requires extra nourishment and therefore the amount needs to be appropriately enhanced. In the light of the period of hospitalisation, the number of surgeries and medical interventions he had to undergo, I find that an amount of ₹1 lakh under this head would be just and reasonable.
2025:KER:48379 25 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 Pain and suffering
16. An amount of ₹5,00,000/- was claimed. The Tribunal granted an amount of ₹1,50,000/-, which is also challenged. In the facts and circumstances of the case, I find that an amount of ₹2 lakhs under this head would be just and reasonable.
17. The impugned Award is modified to the following extent:
Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal (in ₹) Tribunal (in ₹) (in ₹)
1. Loss of 1,50,000/- 24,48,000/- 8,64,000/-
earnings (₹12,000 x 72 months)
2. Partial loss of Nil Nil earning (No modification)
3. Transport to 10,000/- 20,000/- 20,000/-
hospital (No modification)
4. Extra 40,000/- 80,000/- 1,00,000/-
nourishment
5. Damage to 10,000/- 4,000/- 4,000/-
clothing and (No modification)
articles
6. Bystanders 40,000/- 24,48,000/- 61,650/-
expenses
2025:KER:48379
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M.A.C.A. No.75 of 2020 and
Cross Objection No.19 of 2024
(₹450/- x 77
days + ₹450/- x
60 days)
7 Future 5,00,000/-
personal
attendance
8 Treatment 25,00,000/- 21,89,000/- 21,89,000/-
expenses and (No modification)
Medicine
9 Compensation 2,50,000/- 3,00,000/- 3,00,000/-
for the loss of (No modification)
amenities and
enjoyment
10 Compensation 5,00,000/- 1,50,000/- 2,00,000/-
for pain and
suffering
11 Compensation 25,00,000/- 24,48,000/- ₹28,30,464/-
for continuing
or permanent
disability if any [(₹12,000 + 40%)
x 12 x 18 x 78%]
12 Compensation 10,00,000/- Nil Nil
for loss of (No modification)
earning
13 Future 10,00,000/- 1,00,000/- 1,62,063/-
treatment (1,00,000 +
62,063/-)
&
40,000/-
Physiotherapy 40,000/- (No modification)
treatment
Total 80,00,000/- 1,02,27,000/- 72,71,177/-
2025:KER:48379
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M.A.C.A. No.75 of 2020 and
Cross Objection No.19 of 2024
In the result, the appeal and the cross objection are disposed of as above stated by deducting the compensation awarded, by an amount of ₹29,55,823/- (total compensation = ₹72,71,177/-, that is, ₹1,02,27,000/- granted by the Tribunal minus ₹29,55,823/- deducted in appeal).
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA JUDGE ami/ 2025:KER:48379 28 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 APPENDIX OF CO 19/2024 CROSS OBJECTOR'S ANNEXURES Annexure.R1 THE MEDICAL BILL DATED 06.01.2020 WITH NUMBER 104638 FOR AN AMOUNT OF RS 250.00 Annexure.R2 THE MEDICAL BILL DATED 06.01.2020 WITH NUMBER 104637 FOR AN AMOUNT OF RS 450.00 Annexure.R3 THE MEDICAL BILL DATED 06.01.2020 WITH NUMBER 104640 FOR AN AMOUNT OF RS 300.00 Annexure.R4 THE MEDICAL BILL DATED 06.01.2020 WITH NUMBER 104718 FOR AN AMOUNT OF RS 350.00 Annexure.R5 THE MEDICAL BILL DATED 06.01.2020 WITH NUMBER 104719 FOR AN AMOUNT OF RS 250.00 Annexure.R6 THE MEDICAL BILL DATED 06.01.2020 WITH NUMBER 104835 FOR AN AMOUNT OF RS 300.00 Annexure.R7 THE MEDICAL BILL DATED 06.01.2020 WITH NUMBER 104634 FOR AN AMOUNT OF RS 350.00 Annexure.R8 THE MEDICAL BILL DATED 19.02.2020 WITH NUMBER 120998 FOR AN AMOUNT OF RS 300.00 Annexure.R9 THE MEDICAL BILL DATED 19.02.2020 WITH NUMBER 120999 FOR AN AMOUNT OF RS 350.00 Annexure.R10 THE MEDICAL BILL DATED 24.05.2020 WITH NUMBER 2021/005738 FOR AN AMOUNT OF RS 272.00 Annexure.R11 THE MEDICAL BILL DATED 25.05.2020 WITH NUMBER 2021/005930FOR AN AMOUNT OF RS 122.00 Annexure.R12 THE MEDICAL BILL DATED 03.12.2020 WITH NUMBER 2021/032640 FOR AN AMOUNT OF RS 39.00 Annexure.R13 THE MEDICAL BILL DATED 03.12.2020 WITH NUMBER 2021/032639 FOR AN AMOUNT OF RS 245.00 Annexure.R14 THE MEDICAL BILL DATED 04.12.2020 WITH NUMBER 2021/032787 FOR AN AMOUNT OF RS 201.00 Annexure.R15 THE MEDICAL BILL DATED 05.12.2020 WITH 2025:KER:48379 29 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 NUMBER 2021/032964 FOR AN AMOUNT OF RS 8.00 Annexure.R16 THE MEDICAL BILL DATED 07.12.2020 WITH NUMBER 2021/033209 FOR AN AMOUNT OF RS 682.00 Annexure.R17 THE MEDICAL BILL DATED 08.12.2020 WITH NUMBER 2021/033353 FOR AN AMOUNT OF RS 18.00 Annexure.R18 THE MEDICAL BILL DATED 13.12.2020 WITH NUMBER 2021/034029 FOR AN AMOUNT OF RS 21.00 Annexure.R19 THE MEDICAL BILL DATED 13.12.2020 WITH NUMBER 2021/034031 FOR AN AMOUNT OF RS 160.00 Annexure.R20 THE MEDICAL BILL DATED 15.12.2020 WITH NUMBER 2021/034415 FOR AN AMOUNT OF RS 21.00 Annexure.R21 THE MEDICAL BILL DATED 19.12.2020 WITH NUMBER 2021/035141 FOR AN AMOUNT OF RS 91.00 Annexure.R22 THE MEDICAL BILL DATED 23.12.2020 WITH NUMBER 2021/035727 FOR AN AMOUNT OF RS 14.00 Annexure.R23 THE MEDICAL BILL DATED 23.12.2020 WITH NUMBER 964211 FOR AN AMOUNT OF RS 4500.00 Annexure.R24 THE MEDICAL BILL DATED 26.12.2020 WITH NUMBER 2021/036065 FOR AN AMOUNT OF RS 63.00 Annexure.R25 THE MEDICAL BILL DATED 29.12.2020 WITH NUMBER 2021/036497 FOR AN AMOUNT OF RS 14.00 Annexure.R26 THE MEDICAL BILL DATED 07.01.2021 WITH NUMBER 2021/037879 FOR AN AMOUNT OF RS 42.00 Annexure.R27 THE MEDICAL BILL DATED 16.01.2021 WITH NUMBER 2021/039250 FOR AN AMOUNT OF RS 21.00 Annexure.R28 THE MEDICAL BILL DATED 17.01.2021 WITH NUMBER 2021/039338 FOR AN AMOUNT OF RS 21.00 2025:KER:48379 30 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 Annexure.R29 THE MEDICAL BILL DATED 06.02.2021 WITH NUMBER 2021/004737 FOR AN AMOUNT OF RS 17193.77 Annexure.R30 THE MEDICAL BILL DATED 22.06.2021 WITH NUMBER 018954 FOR AN AMOUNT OF RS 400.00 Annexure.R31 THE MEDICAL BILL DATED 22.06.2021 WITH NUMBER 018947 FOR AN AMOUNT OF RS 350.00 Annexure.R32 THE MEDICAL BILL DATED 22.06.2021 WITH NUMBER 018956 FOR AN AMOUNT OF RS 400.00 Annexure.R33 THE MEDICAL BILL DATED 02.07.2021WITH NUMBER 2122/013117 FOR AN AMOUNT OF RS 407.00 Annexure.R34 THE MEDICAL BILL DATED 11.07.2021 WITH NUMBER 2122/014395 FOR AN AMOUNT OF RS 173.00 Annexure.R35 THE MEDICAL BILL DATED 26.03.2022 WITH NUMBER 112261 FOR AN AMOUNT OF RS 350.00 Annexure.R36 THE MEDICAL BILL DATED 26.03.2022 WITH NUMBER 112262 AN AMOUNT OF RS 350.00 Annexure.R37 THE MEDICAL BILL DATED 26.03.2022 WITH NUMBER 112263 AN AMOUNT OF RS 350.00 Annexure.R38 THE MEDICAL BILL DATED 26.03.2022 WITH NUMBER 098976 AN AMOUNT OF RS 197.00 Annexure.R39 46. THE MEDICAL BILL DATED 03.07.2022 WITH NUMBER 035666 AN AMOUNT OF RS 350.00 Annexure.R40 THE MEDICAL BILL DATED 06.09.2022 WITH NUMBER 2223/027439 AN AMOUNT OF RS 100.00 Annexure.R41 THE MEDICAL BILL DATED 15.12.2022 WITH NUMBER 104718 AN AMOUNT OF RS 350.00 Annexure.R42 THE MEDICAL BILL DATED 14.12.2023 WITH NUMBER 24280 AN AMOUNT OF RS 713.64 Annexure.R43 THE MEDICAL BILL DATED 03.01.2024 WITH NUMBER 19799 AN AMOUNT OF RS 4104.12 Annexure.R44 THE MEDICAL BILL DATED 30.01.2024 WITH NUMBER 126965 AN AMOUNT OF RS 350.00 Annexure.R45 THE MEDICAL BILL DATED 30.01.2024 WITH NUMBER 127011 AN AMOUNT OF RS 350.00 Annexure.R46 THE MEDICAL BILL DATED 30.01.2024 WITH NUMBER 126966 AN AMOUNT OF RS 400.00 2025:KER:48379 31 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 Annexure.R47 THE MEDICAL BILL DATED 30.01.2024 WITH NUMBER 126961 AN AMOUNT OF RS 400.00 Annexure.R48 THE MEDICAL BILL DATED 03.02.2024 WITH NUMBER 20828 AN AMOUNT OF RS 3946.32 Annexure.R49 THE MEDICAL BILL DATED 03.03.2024 WITH NUMBER 2324/005670 AN AMOUNT OF RS 350.00 Annexure.R50 THE MEDICAL BILL DATED 03.03.2024 WITH NUMBER 2324/058986 AN AMOUNT OF RS 316.00 Annexure.R51 THE MEDICAL BILL DATED 04.03.2020 WITH NUMBER 18613 AN AMOUNT OF RS 500.40 Annexure.R52 THE MEDICAL BILL DATED 05.03.2024 WITH NUMBER 114471502446532 AN AMOUNT OF RS 80.00 Annexure.R53 THE MEDICAL BILL DATED 05.03.2024 WITH NUMBER 114471502446614 AN AMOUNT OF RS 160.00 Annexure.R54 THE MEDICAL BILL DATED 06.03.2024 WITH NUMBER 22588 AN AMOUNT OF RS 4114.32 Annexure.R55 THE MEDICAL BILL DATED 11.03.2024 WITH NUMBER 114471502446693 AN AMOUNT OF RS 80.00 Annexure.R56 THE MEDICAL BILL DATED 31.03.2024 WITH NUMBER 2324/062991 AN AMOUNT OF RS 205.00 Annexure.R57 THE MEDICAL BILL DATED 06.04.2024 WITH NUMBER 114471502468979 AN AMOUNT OF RS 80.00 Annexure.R58 THE MEDICAL BILL DATED 13.04.2024 WITH NUMBER 200 AN AMOUNT OF RS 4114.32 Annexure.R59 THE MEDICAL BILL DATED 07.05.2024 WITH NUMBER 014910 AN AMOUNT OF RS 350.00 Annexure.R60 THE MEDICAL BILL DATED 07.05.2024 WITH NUMBER 011563 AN AMOUNT OF RS 200.00 Annexure.R61 THE MEDICAL BILL DATED 07.05.2024 WITH NUMBER 014885 AN AMOUNT OF RS 350.00 Annexure.R62 THE MEDICAL BILL DATED 10.05.2024 WITH NUMBER 766 AN AMOUNT OF RS 4114.32 Annexure.R63 THE MEDICAL BILL DATED 13.05.2024 WITH NUMBER 017403 AN AMOUNT OF RS 400.00 Annexure.R64 THE MEDICAL BILL DATED 13.05.2024 WITH 2025:KER:48379 32 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 NUMBER 011503 AN AMOUNT 245.00 Annexure.R65 THE MEDICAL BILL DATED 17.06.2024 WITH NUMBER 6283 AN AMOUNT OF RS 292.12 Annexure.R66 THE MEDICAL BILL DATED 19.06.2024 WITH NUMBER 6476 AN AMOUNT OF RS 348.36 Annexure.R67 THE MEDICAL BILL DATED 24.06.2024 WITH NUMBER 6871 AN AMOUNT OF RS 492.42 Annexure.R68 THE MEDICAL BILL DATED 26.06.2024 WITH NUMBER 7102 AN AMOUNT OF RS 638.36 Annexure.R69 THE MEDICAL BILL DATED 01.07.2024 WITH NUMBER 7527 AN AMOUNT OF RS 95.39 Annexure.R70 THE MEDICAL BILL DATED 02.07.2024 WITH NUMBER 7615 AN AMOUNT OF RS 321.95 Annexure.R71 THE MEDICAL BILL DATED 06.07.2024 WITH NUMBER 7930 AN AMOUNT OF RS 623.40 Annexure.R72 THE MEDICAL BILL DATED 09.07.2024 WITH NUMBER 003428 AN AMOUNT OF RS 300.00 Annexure.R73 THE MEDICAL BILL DATED 10.07.2024WITH NUMBER 8338 AN AMOUNT OF RS 623.40 Annexure.R74 THE MEDICAL BILL DATED 12.07.2024 WITH NUMBER 8536 AN AMOUNT OF RS 118.37 Annexure.R75 THE MEDICAL BILL DATED 16.07.2024 WITH NUMBER 1397.00 AN AMOUNT OF RS 1397.00 Annexure.R76 THE MEDICAL BILL DATED 16.07.2024 WITH NUMBER 8811 AN AMOUNT OF RS 163.88 Annexure.R77 THE MEDICAL BILL DATED 27.07.2024 WITH NUMBER 004096 AN AMOUNT OF RS 300.00 Annexure.R78 THE ORIGINAL MEDICAL PRESCRIPTION DATED 06.01.2020 OF DERMATOLOGY, ANANTHAPURI HOSPITALS TRIVANDRUM Annexure.R79 THE ORIGINAL MEDICAL PRESCRIPTION DATED 06.01.2020 OF NUERO SURGERY, ANANTHAPURI HOSPITALS TRIVANDRUM Annexure.R80 THE ORIGINAL MEDICAL PRESCRIPTION DATED 10.12.2020 OF ASSISI ATONEMENT HOSPITAL, PERUMPUZHA Annexure.R81 THE ORIGINAL MEDICAL PRESCRIPTION DATED 06.09.2022 OF ASSISI ATONEMENT HOSPITAL, PERUMPUZHA 2025:KER:48379 33 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 Annexure.R82 THE ORIGINAL MEDICAL CASUALTY OUTPATIENT TICKET DATED 06.09.2022 OF ASSISI A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R83 THE ORIGINAL MEDICAL OUTPATIENT RECORD DATED 06.09.2022 OF MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM Annexure.R84 THE ORIGINAL MEDICAL CASUALITY OUTPATIENT TICKET DATED 27.12.2022 OF A.A RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R85 THE ORIGINAL MEDICAL PRESCRIPTION DATED 10.02.2023 OF DR. ANJU S. NAIR Annexure.R86 THE ORIGINAL MEDICAL OUTPATIENT TICKET DATED 27.02.2023 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R87 THE ORIGINAL MEDICAL OUTPATIENT TICKET DATED 01.04.2023 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R88 THE ORIGINAL MEDICAL OUTPATIENT TICKET DATED 03.04.2023 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R89 THE ORIGINAL MEDICAL OUTPATIENT TICKET DATED 31.10.2023 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R90 THE ORIGINAL MEDICAL REQUEST FOR ULTRASOUND SCAN DATED 23.11.2023 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R91 THE ORIGINAL MEDICAL OUTPATIENT TICKET DATED 11.12.2023 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R92 THE ORIGINAL MEDICAL ULTRA SOUND SCAN REPORT DATED 11.12.2023 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R93 THE ORIGINAL MEDICAL LABORATORY REPORT DATED 22.12.2023 OF A DISTRICT PUBLIC HEALTH LABORATORY, KOLLAM Annexure.R94 THE ORIGINAL OUTPATIENT TICKET DATED 11.01.2024 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R95 THE ORIGINAL MEDICAL PRESCRIPTION DATED 09.02.2024 OF FAMILY HEALTH CENTRE, 2025:KER:48379 34 M.A.C.A. No.75 of 2020 and Cross Objection No.19 of 2024 ELAMPALLOOR Annexure.R96 THE ORIGINAL CASUALTY OUTPATIENT TICKET DATED 04.03.2024 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R97 THE ORIGINAL REFERRAL SLIP DATED 04.03.2024 OF A. A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM Annexure.R98 THE ORIGINAL LABORATORY TEST REPORT DATED 05.03.2024 OF FROM HCTS CONFIRMATORY FACILITIES Annexure.R99 THE ORIGINAL MICROBIOLOGY REPORT DATED 05.03.2024 OF GOVERNMENT MEDICAL COLLEGE, KOLLAM Annexure.R100 THE ORIGINAL CASUALTY INVESTIGATIONS REQUEST DATED 10.03.2024 OF GOVERNMENT MEDICAL COLLEGE, KOLLAM Annexure.R101 THE ORIGINAL DISCHARGE SUMMARY DATED 11.03.2024 OF GOVERNMENT MEDICAL COLLEGE, KOLLAM Annexure.R102 THE ORIGINAL OUT PATIENT RECORD DATED 19.03.2024 OF GOVERNMENT MEDICAL COLLEGE, KOLLAM Annexure.R103 THE ORIGINAL MEDICAL CERTIFICATE DATED 07.05.2024 OF ANANTHAPURI HOSPITALS & RESEARCH INSTITUTE TRIVANDRUM Annexure.R104 THE ORIGINAL OPHTHALMIC EXAMINATION REPORT DATED 07.05.2024 OF ANANTHAPURI HOSPITALS & RESEARCH INSTITUTE, THIRUVANANTHAPURAM Annexure.R105 THE ORIGINAL MEDICAL PRESCRIPTION DATED 13.05.2024 OF ANANTHAPURI HOSPITALS & RESEARCH INSTITUTE, TRIVANDRUM Annexure.R106 THE ORIGINAL MEDICAL CERTIFICATE DATED 18.05.2024 OF ASSISI ATONEMENT HOSPITAL, PERUMPUZHA