Kerala High Court
Rajeev.M.S vs Balachandran on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
MACA NO. 2652 OF 2019
AGAINST THE AWARD DATED 04.02.2019 IN OPMV NO.1067 OF 2015 ON THE
FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANT/PETITIONER:
RAJEEV.M.S
AGED 34 YEARS
MOOZHIKAL HOUSE, PAMPA THRIVENI.P.O.,
PERUNADU VILLAGE, RANNY TALUK.
BY ADVS.
T.K.KOSHY
SRI.SABU I.KOSHY
RESPONDENTS/RESPONDENTS 1 TO 4:
1 BALACHANDRAN
S/O.VASUKUTTY, MUTHANGAPARAMBIL HOUSE, ATTATHODU
PADINJAREKARA, PAMPA THRIVENI.P.O., PERUNADU VILLAGE,
RANNY TALUK, PIN-689662.
2 PRASANTH.A.P
ALAYCKAL HOUSE, KAPLAMOODU, KARINILAM.P.O,
ERUMELY NORTH, PIN-686513.
3 SASIKALA
ALAYCKAL HOUSE, KAPLAMOODU, KARINILAM.P.O.,
ERUMELY NORTH PIN-686513
4 DIVISIONAL MANAGER
ORIENTAL INSURANCE CO LTD, DIVISIONAL OFFICE,
MARTHOMA BUILDING, T.K.ROAD, THIRUVALLA
PIN-689101.
BY ADVS.
DR.ELIZABETH VARKEY (SC)
SRI.JITHIN SAJI ISAAC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 2652 OF 2019
2
JUDGMENT
Dated this the 20th day of June, 2024
This appeal has been filed by the claimant in OP(MV)
No.1067 of 2015 on the file of the Motor Accidents Claims
Tribunal, Pathanamthitta. The respondent herein is the
respondents before the Tribunal.
2. According to the appellant, on 03.03.2015 at about 7.00
p.m., while he was travelling in an autorickshaw bearing
registration No.KL-34A-4347 through Elavumkal - Kanamala
Public Road, the first respondent drove the autorickshaw in a
rash and negligent manner, capsized on the public road. As a
result of the accident, he had sustained severe injuries. The
appellant approached the Tribunal claiming a total
compensation of ₹6,00,250/-, which is limited to ₹2,00,250/-.
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 the side of the respondents. Exts.A1 to A7 were
marked on the side of the appellant. The Tribunal, after
analysing the pleadings and materials on record, awarded a
MACA NO. 2652 OF 2019
sum of ₹1,00,720/- as compensation under different heads with
interest @ 9% per annum from the date of petition, i.e.,
24.07.2015, till realization, against the 4 th respondent being the
insurer. 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 4th respondent insurer.
5. Notice issued to the third respondent was declared
complete on 16.01.2023.
6. The learned counsel for the appellant claims
enhancement mainly under the following head:-
I. Notional Income/Loss of earnings
The claim of the appellant is that he was a coolie at the
time of the accident. But the Tribunal had granted only ₹7,500
as his notional income. On the basis of the principles laid down
in Ramachandrappa v. Manager Royal Sundaram Alliance
Insurance Company Limited. [2011 (3) SCC 236], the
income ought to have been taken as ₹10,000/- as his notional
income. On a perusal of the award passed by the Tribunal, it is
seen that the accident occured in the year 2015 and going by
MACA NO. 2652 OF 2019
the judgment in Ramachandrappa (Supra), I re-fix the
notional income at ₹10,000/- per month.
Though the appellant had claimed an amount of ₹68,000/-
under the head loss of earnings, the Tribunal has awarded only
₹15,000/-, taking into consideration ₹7,500/- as the notional
income for two months. Since the notional income is enhanced
to ₹10,000/-, the loss of earnings for 2 months has to be
recalculated. Thus there will be an additional enhancement of
₹5,000/- (Rupees Five Thousand Only) under the said head.
II. Compensation for permanent disability
Similarly, since there is an enhancement in the notional
income of the appellant, the compensation for permanent
disability has also to be re-calculated thus: ₹61,200/- (10,000 x
12 x 17 x 3/100). Accordingly, under the head of compensation
for permanent disability, an additional amount of ₹15,300/-
(Rupees Fifteen Thousand Three Hundred Only) is granted to
the appellant.
III. Loss of amenities and enjoyment of life
The next head under which the appellant has claimed
enhancement is loss of amenities and enjoyment of life. The
MACA NO. 2652 OF 2019
learned Counsel for the appellant submitted that the appellant
was treated as inpatient for eight days due to the tissue loss on
the foot and the petitioner had to suffer a lot of pain. Hence, I
award an additional amount of ₹7,000/- (Rupees Seven
Thousand Only) under the said head. The amount awarded by
the tribunal under the said head is 8,000/-.
IV. Bystander expenses
The learned Counsel for the appellant submits that the
Tribunal has taken ₹250 per day towards bystander expenses.
Since the accident was in the year 2015, I feel that an amount
of ₹300 per day can be granted as bystander expenses.
Accordingly, the total amount payable under the said head is
₹2,400/-. Thus, there will be an additional amount of ₹400/-
(Rupees Four Hundred Only) under the said head.
Thus the impugned award is modified as under:-
Amount
Amount
Sl. Amount awarded
modified Total
No. Head of Claim claimed by the
in appeal compensation
(in Rs.) tribunal
(in Rs.)
(in Rs.)
Income/Notional
18,000 7,500 2,500 10,000
income
1 Loss of earnings
68,000 15,000 5,000 20,000
MACA NO. 2652 OF 2019
Transport to Not
2 12,000 1,000 1,000
hospital modified
Not
3 Damage to clothing 6,000 1,000 1,000
modified
Not
modified
Not
5 Pain and sufferings 80,000 25,000 25,000
modified
Compensation for
6 permanent 1,70,000 45,900 15,300 61,200
disability
Loss of amenities
7 & enjoyment of 50,000 8,000 7,000 15,000
life
Bystander
8 5,000 2,000 400 2,400
expenses
Not
9 Extra nourishment 8,000 2,000 2,000
modified
Total amount 6,00,250
10 claimed in limited to 1,00,720 27,700 1,28,420
various heads 2,00,250
In the result, the above appeal is allowed by enhancing
the compensation by a further amount of ₹27,700/- (Rupees
Twenty Seven Thousand Seven Hundred Only) over and
above the compensation awarded by the Tribunal with interest
at the rate of 9% per annum from the date of petition till
realisation with proportionate cost. The respondent insurance
company is directed to deposit the amount, within a period of
two months from the date of receipt of a copy of this judgment.
MACA NO. 2652 OF 2019
The respondent insurance Company is allowed to recover the
additional amount as afore from R3, the registered owner of the
offending vehicle. It is further ordered that the claimants shall
furnish the details of the PAN Card, AADHAAR Card and Bank
details to enable the Insurance Company to make the deposit as
ordered above, within a period of one month from the date of
receipt of a copy of this judgment. In case, they fail to furnish
the said details, it shall be open for the Insurance Company to
deposit the said amount before the Tribunal.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
