Kerala High Court
The Manager vs The Manager on 4 January, 2021
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
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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
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. 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
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
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
