Kerala High Court
Ravi vs The New India Assurance Company on 1 August, 2024
2024:KER:61374
M.A.C.A. NO. 553 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
MACA NO. 553 OF 2023
[AGAINST THE AWARD DATED 15.02.2022 IN OP(MV) NO.156 OF 2020
OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA]
APPELLANT:
RAVI
AGED 49 YEARS
S/O PERUMAL SAMI, ERAMVALLI HOUSE, IRINGAL,
KOYILANDY TALUK, KOZHIKODE DISTRICT., PIN - 673521
BY ADV ZUBAIR PULIKKOOL
RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY
THE NEW INDIA ASSURANCE COMPANY REPRESENTED BY ITS
BRANCH MANAGER, BRANCH OFFICE, VATAKARA., PIN -
673101
BY ADV DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOL1LOWING:
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M.A.C.A. NO. 553 OF 2023
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SHOBA ANNAMMA EAPEN,J
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M.A.C.A. NO. 553 OF 2023
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Dated this the 1st day of August , 2024
JUDGMENT
This appal has been filed by the claimant in O.P(MV) No.156/2020
on the file of the Motor Accidents Claims Tribunal, Vatakara. The
respondents herein are the respondents before the tribunal.
2. According to the appellant, on 24.8.2019 at about 7 am, while
he was sitting in his Maruti Omni van bearing Reg.No. KL-57-C-1621 parked
along the rear side of the road at Narayana Nagar, Vatakara, all of a sudden
a car bearing Reg.No.KL-59-S-9152, driven by the first respondent in a rash
and negligent manner, hit against the omni van and the appellant sustained
serious injuries. The appellant approached the tribunal claiming a total
compensation of ₹10,00,000/-.
3. The respondent-insurer filed a written statement, admitting the
insurance policy, but disputing the quantum of compensation claimed. Before
the tribunal, no oral evidence was adduced on either side. Exts. A1 to A13
were marked on the side of the appellant. The tribunal, after analysing the
pleadings and materials on record, awarded a sum of ₹3,67,300/- as
compensation under different heads with interest @ 9% per annum from the
date of petition till realization, against the respondent being the insurer.
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Dissatisfied with the quantum of compensation awarded by the tribunal, the
claimant has come up in appeal.
4. Heard the learned counsel for the appellant and the learned Standing
Counsel for the respondent insurer.
5. The learned counsel for the appellant claims enhancement mainly
under the following heads:-
Notional income - The learned counsel for the appellant submits that
though the appellant claimed that he was earning ₹20,000/- per month, the
tribunal has fixed the notional monthly income at ₹12,500/-. It is submitted
that the appellant was a flower vendor and he is the sole breadwinner of the
family consisting of five members. On a consideration of the facts of the case
as well as the award, I find that by fixing an amount of ₹13,500/- as the
notional monthly income of the appellant will be just and reasonable.
Accordingly I fix the notional monthly income of the appellant at ₹13,500/-
Loss of earnings - Since the notional monthly income of the appellant is re-
fixed as ₹13,500/-, the compensation payable under the head 'loss of
earnings' is recalculated thus: ₹81,000/- (13,500 x 6). The Tribunal granted
an amount of ₹75,000/- under the said head. Hence, the appellant will be
entitled to get an additional compensation of ₹6,000/- towards loss of
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earnings.
Permanent disability - Since the notional income of the appellant is fixed at
₹13,500/- and the multiplier is 13, the appellant will be entitled to get a total
compensation of ₹1,05,300/- (₹13,500 x 12 x 5/100 x 13) towards permanent
disability. The tribunal awarded an amount of ₹97,500/- towards the said
head. Hence, there will be an additional amount of ₹7,800/- under the head
'permanent disability'.
6. Though the appellant claimed enhancement of compensation under
other heads, on a perusal of the records available, I am not inclined to
interfere with the compensation awarded by the tribunal under other heads
since it appears to be just and reasonable.
Thus, the impugned award of the tribunal is modified as follows:-
Sl. Head of claim Amount Amount modified total
No claimed awarded in appeal compensation
by the
tribunal
1 Loss of - 75000 6,000 81,000
earnings
2 Transport to 5000 11000 Not 11,000
Hospital modified
3 Damage to 5000 2000 Not 2000
clothing and modified
articles
4 Extra 10000 15000 Not 15000
nourishment modified
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5 Medical 5,00,000 19300 Not 19300
expenses modified
6 Bystander's 25,000 7500 Not 7500
expenses modified
7 Future 5,00,000 30000 Not 30000
treatment modified
8 Pain and 5,00,000 60000 Not 60000
suffering modified
9 Compensation 3,00,000 97500 7,800 1,05,300
for continuing
or permanent
disability
10 Compensation 2,00,000 Nil - -
for the loss of
earning power
11 Compensation - 50,000 Not 50,000
for loss of modified
enjoyment and
amenities
12 Compensation 3,00,000 Nil - -
for
inconvenience
and discomfort
13 Compensation 3,00,000 Nil - -
for loss of
support and
assistance to
the injured
Total claim 28,45,000 3,67,300 13800
Limited to
10,00,000
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Accordingly, the appeal is allowed in part and the
appellant/claimant is awarded an additional compensation of ₹13,800/-
(Rupees Thirteen Thousand Eight Hundred only) over and above the
compensation awarded by the tribunal with interest @ 8% per annum from
the date of petition till realization and proportionate costs. The respondent
insurer shall deposit the said amount together with interest and costs within a
period of two months from the date of receipt of a certified copy of this
judgment. The claimant shall furnish copies of the PAN Card, ADHAAR Card
and bank details before the respondent insurer within a period of one month
so as to enable the insurance company to make the deposit as ordered
above. In case of failure to furnish details as above, it shall be open for the
insurance company to deposit the said amount before the tribunal. Upon
such deposit being made, the entire amount shall be disbursed to the
appellant at the earliest in accordance with law. However, it is made clear
that the enhanced compensation will not carry interest for the period of delay
of 251 days in filing the appeal.
Sd/-
SHOBA ANNAMMA EAPEN,
JUDGE
MBS/
