Prasanth vs Shibi Mathew
2021 Latest Caselaw 18581 Ker

M.A.C.A.No.1173 of 2014            1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                          MACA NO. 1173 OF 2014
 AGAINST THE AWARD DATED 18.08.2012 IN OP(MV) 277/2010 OF THE
         MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA, WAYANAD


APPELLANT/PETITIONER:

             PRASANTH
             AGED 21 YEARS, S/O. SIVADASAN,
             PEECHANAD HOUSE, YUNUS QUARTERS,
             EMILY, KALPETTA.P.O., VYTHIRI TALUK.
             BY ADV SMT.CELINE JOSEPH
RESPONDENTS/RESPONDENTS:

     1    SHIBI MATHEW
          AGED 42 YEARS, S/O. MATHAI,
          PANTHANACKAL HOUSE, KABANIGIRI POST,
          PULPALLY, WAYANAD DISTRICT 686 001. *(DELETED)
    2     SUNIL KUMAR.K.R.,
          AGE AND FATHER'S NAME NOT KNOWN,
          KOTTARATHIL HOSUE, SEETHAMOUND,
          PULPALLY, WAYANAD DISTRICT 686 001. *(DELETED)
          *RESPONDENTS 1 & 2 ARE DELETED FROM THE PARTY ARRAY
          AT THE RISK OF THE APPELLANT AS PER ORDER DATED
          03.12.2019 IN I.A.NO.1/19 IN MACA 1173/14.
    3     THE BRANCH MANAGER
          UNITED INDIA INSURANCE COMPANY LTD.,
          NOORNAL BUILDING, MYSORE ROAD,
          SULTHAN BATHERY 686 001.
          BY ADV SRI.P.K.MANOJKUMAR, SC FOR R3
          SMT.ALICE THOMAS, FOR R3
     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 25.08.2021, THE COURT ON 08.09.2021 DELIVERED
THE FOLLOWING:
 M.A.C.A.No.1173 of 2014             2




                                T.R.RAVI, J.
                    --------------------------------------
                        M.A.C.A.No.1173 of 2014
               -----------------------------------------------
                Dated this the 8th day of September, 2021

                               JUDGMENT

The appellant sustained injuries in a road traffic accident on

04.05.2010. When the appellant was walking along side of the

road with his friend, he was hit by a Maruti Omni van driven by the

1st respondent. The appellant preferred a claim before the Motor

Accident Claims Tribunal, Kalpetta. The Tribunal awarded a

compensation of Rs.92,940/- with interest at the rate of 7.5% per

annum from the date of the claim till the date of realisation.

Aggrieved by the quantum of compensation, the claimant has filed

this appeal.

2. Heard Smt.Celine Joseph, learned counsel for the

appellant and Smt.Alice Thomas, learned counsel for the 3 rd

respondent insurer.

3. The main contention of the appellant is that at the time

of the accident, he was working as a construction worker in a

Smokeless Oven Manufacturing industry. According to him, he was

earning Rs.7,000/- as income. The Tribunal granted only

Rs.3,000/- as notional income. Relying on Ramachandrappa v.

Manager, Royal Sundaram Alliance Insurance Co.Ltd.,

reported in [AIR 2011 SC 2951], it is contended that he is

entitled to Rs.7,000/- as notional income. Another contention is

that the appellant is suffering from attack of epilepsy quite often

after the accident and that he is entitled to amounts towards future

treatment. Since he was only 18 years at the time of accident, it is

also submitted that he is entitled to compensation towards loss of

future prospects.

4. The appeal was filed with a delay of 338 days and on

03.12.2013 this Court had condoned the delay in filing the appeal

on condition that the appellant will not be entitled to interest for

any amount which is found to be payable to him towards enhanced

compensation for the said 338 days.

5. The learned counsel for the insurer submitted that there

is no oral evidence available in the case either regarding future

treatment or regarding future prospects. It is submitted that the

disability even according to the Medical Board was only 8% as can

be seen from Ext.C1 and Ext.C1 does not say anything about any

functional disability. The counsel however fairly submitted that

since the accident was of the year 2010, going by

Ramachandrappa (supra), the claim for Rs.7,000/- as monthly

income is justified.

6. Having considered the contentions of the appellant and

the respondent, I am satisfied that the appellant is entitled to have

the notional income fixed at Rs.7,000/- per month. Thus on

re-fixing the notional income, the appellant will be entitled to a

sum of Rs.21,000/- (7000x3) under the head "loss of earning".

Under the head "compensation for permanent disability", the

appellant will be entitled to a sum of Rs.1,20,960/-

(7000x12x18x8/100). After deducting the amount already awarded

by the Tribunal, the appellant will be entitled to get an additional

compensation of Rs.12,000/- (21000-9000) under the head loss

of earning and Rs.69,120/-(1,20,960-51,840) towards permanent

disability. It would appear from Ext.A5 wound certificate that the

appellant had history of epilepsy. There is nothing in evidence to

show that the appellant is suffering from epileptic attacks owing to

the accident. Further the injuries as can be seen from Exts.A5, A6,

A8 and C1 are injuries at the nose and the lips and are not injuries

that would affect future prospects. I hence find that the appellant

is not entitled to compensation towards future treatment or loss of

future prospects.

7. In the result, the appeal is allowed. The compensation

granted by the Tribunal is enhanced by a further sum of

Rs.81,120/- (Rupees Eighty One Thousand One Hundred and

Twenty only) with interest at 9% per annum on the enhanced

compensation from 13.07.2010 till the date of realisation, with

proportionate costs. However, the appellant will not be entitled to

get interest for the enhanced amount for the period of delay of 338

days in filing the appeal, which was condoned as per order dated

03.12.2019 in C.M.Application No.1396/2014. The 3 rd respondent

insurer shall deposit the additional compensation granted in this

appeal along with the interest and proportionate costs, 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