Kerala High Court
K.T.Thankachan vs V.M.Santhosh on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
MACA NO. 677 OF 2013
AGAINST THE JUDGMENT IN OPMV 806/2008 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ALAPPUZHA, ALAPPUZHA
APPELLANT/PETITIONER:
K.T.THANKACHAN
S/O. THOMAS, KANDANATTU HOUSE, VALAYAR P.O.,
VALAYAR (P), WARD-3, CHERTHALA TALUK,
ALAPPUZHA DISTRICT.
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENTS/RESPONDENTS:
1 V.M.SANTHOSH
S/O. MADHAVAN, ILLAMTHARA HOUSE,
VAYALAR P.O., WARD-7, CHERTHALA TALUK,
ALAPPUZHA DISTRICT, PIN-688 536.
2 THE NATIONAL INSURANCE CO. LTD.
REP. BY ITS BRANCH MANAGER,
NORTH OF IRON BRIDGE,
ALAPPUZHA, PIN - 688 011.
BY ADVS.
R1 BY SRI.VISHNURAJ
R2 BY SRI.A.R.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 07.09.2021, THE COURT ON 05.10.2021 DELIVERED
THE FOLLOWING:
M.A.C.A.No.677 of 2013
:-2-:
T.R.RAVI, J.
--------------------------------------
M.A.C.A.No.677 of 2013
-----------------------------------------------
Dated this the 5th day of October, 2021
JUDGMENT
The claimant has filed this appeal seeking enhancement of
the compensation awarded by the Motor Accident Claims Tribunal,
Alappuzha. The appellant aged 48 years engaged in marble works
as a contractor-cum-worker met with an accident on 07.04.2008,
while he was travelling in a motor cycle. The motor cycle was hit
by a bus driven by the 1st respondent in a rash and negligent
manner. The appellant suffered type II open fracture right tibia of
right leg and lacerated wound on the right knee. The follow up
treatment shows fracture of both bones on the right leg. There
were lacerated injuries with contusion on the left eyebrow and left
ear. He had undergone treatment as an inpatient for 45 days.
Ext.A7 disability certificate shows that he has 18% permanent
disability.
M.A.C.A.No.677 of 2013
:-3-:
2. The Tribunal fixed his monthly notional income as
₹4,500/- and calculated the compensation on that basis.
According to the appellant, even going by the decision in
Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Co.Ltd., reported in [AIR 2011 SC 2951], he was
entitled to a notional income of ₹6,500/- and apart from that he
had also produced Ext.A11 passbook, Ext.A12 certificate issued
by the Village Officer and Ext.A13 job certificate to show that he
was earning much more than ₹6,500/-. Ext.A11 is the passbook
of the Kerala Building and other Construction Workers Welfare
Board. Ext.A12 is the certificate issued by the Village Officer, East
Vayalar stating that the person shown as Varkey in Ext.A11 and
the appellant are one and the same person. Ext.A13 is the
certificate issued by the Vayalar Grama Panchayat showing that
the appellant is a person engaged in tile and granite works. The
appellant submits the he was hospitalized for 45 days and loss of
earning has been granted only for 3 months, which is very much
on the lower side. He also claims that only an amount of
M.A.C.A.No.677 of 2013
:-4-:
₹10,000/- is granted for pain and sufferings, while as a matter of
fact he had remained in the hospital itself for 45 days in view of
serious injuries suffered by him. He claims that a similar increase
is required under the head loss of amenities also. The counsel
for the respondent insurer submitted that in view of the judgment
in Ramachandrappa (supra), a sum of ₹6,500/- can be granted
as the notional monthly income, since there is absence of clear
evidence regarding the monthly income. The appellant had
claimed compensation towards future medical expenses also
regarding which the counsel for the insurer submitted that the
accident happened in 2008 and one of the future treatments that
was required was removal of implants regarding which absolutely
no evidence is available as to whether it was done or whether it
was sought to be done. It is also submitted that regarding future
expenses for medicines, no material is available before the Court.
3. Having considered the contentions on either side, I am
of the opinion that the notional monthly income of the appellant
can be fixed at ₹6,500/-. The amount for loss of earning power
M.A.C.A.No.677 of 2013
:-5-:
has to be hence increased by a sum of ₹6,000/-. I do not think
that the loss of earning should be for a period of more than 3
months since the claim itself was preferred within two months of
the accident. Since the appellant had to be hospitalized for 45
days and had suffered fracture, I am of the opinion that
compensation awarded for pain and suffering should be increased
to ₹25,000/- and compensation for loss of amenities should be
increased to ₹20,000/-. An additional sum of ₹25,000/- will be
payable under the above two heads. The compensation for
permanent disability has to be refixed on the basis of the monthly
income of ₹6,500/-, which works out to ₹1,96,560/- (6500x12x
14x18%), calling for an increase of ₹60,480/- under that head.
4. In the result, the appeal is allowed. The compensation
granted by the Tribunal is enhanced by a further sum of
₹91,480/- (Rupees Ninety One Thousand Four Hundred
and Eighty only) with interest at 9% per annum on the
enhanced compensation from 25.06.2008 till the date of
realisation, with proportionate costs. The appeal was filed with a
M.A.C.A.No.677 of 2013
:-6-:
delay of 212 days. The delay was condoned on condition that the
appellant will not be entitled to interest for 212 days. The 2 nd
respondent insurer shall deposit the additional compensation
granted in this appeal along with the interest and proportionate
costs, excluding interest for the period of delay of 212 days,
before the Tribunal within two months from the date of receipt of
a certified copy of this judgment, after deducting any amount to
which the appellant is liable towards balance court fee and legal
benefit fund. The disbursement of the compensation to the
appellant shall be in accordance with law.
Sd/-/-
T.R. RAVI,
JUDGE
dsn
