Nalinakshi vs The Divisional Manager
2024 Latest Caselaw 32707 Ker

Kerala High Court

Nalinakshi vs The Divisional Manager on 12 November, 2024

                                             2024:KER:84369
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

       THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

  TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA,

                              1946

                   MACA NO. 803 OF 2022

     AGAINST THE AWARD DATED 14.11.2019 IN OPMV NO.943 OF

2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOLLAM

APPELLANT/PETITIONER:

         NALINAKSHI
         AGED 76 YEARS
         W/O.GOPALAN ACHARI, CHIRAKKAROTTU KIZHAKKATHIL,
         KONNAMUKKU, THEKKERCHERRY, THRIKKARUVA, PERINADU,
         KOLLAM-691601.


         BY ADVS.
         PRATHEESH.P
         ANJANA KANNATH
         T.S.SREEKUTTY




RESPONDENT/3RD RESPONDENT:

         THE DIVISIONAL MANAGER
         M/S NATIONAL INSURANCE COMPANY LIMITED,
         DIVISIONAL OFFICE, KOLLAM-691001.


         BY ADV P.K.SANTHAMMA


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 M.A.C.A.No.803 of 2022


                                                 2024:KER:84369
                                2

                          JUDGMENT

(Dated this the 12th day of November, 2024)

Aggrieved by the inadequate compensation awarded by

the MACT, Kollam in O.P.(MV).No.943/2016, the claimant has

come up in appeal before this Court.

2. The appellant sustained injuries in a motor vehicle

accident which took place on 28.01.2015. The appellate was hit

down by the offending motorcycle ridden by the 2 nd respondent

in O.P(MV) and the Tribunal found negligence on his part. In the

accident, the appellant suffered both bone fracture of left fore

arm. The vehicle is covered by a valid insurance policy issued by

the respondent herein.

3. The learned counsel for the appellant contended

that the notional income taken by the Tribunal is on a lower side

and that Rs.10,000/- has to be taken as the notional income. On

the other hand, the learned counsel for the respondent

contended that the appellant being a person, aged 75 years at

the time of the accident and no documents having been

produced to prove her job, no interference is required with the

notional income fixed by the Tribunal.

2024:KER:84369

4. Heard the learned counsel for the appellant as well

as the learned counsel for the respondent.

5. Considering the rival submissions and the materials

on record, including the fact that the accident has taken place in

the year 2015, the claim of the appellant that she was working

in a cashew factory and her age, I am of the view that the

notional income can be taken as Rs.7,500/- for calculating the

compensation. If so, the appellant will be entitled for an amount

of Rs.45,000/- under the head of loss of earnings, an amount of

Rs.9,000/- in excess than awarded by the Tribunal. The award

also shows that no amount is granted under the head of damage

to clothing. Hence, I award an amount of Rs.1000/- under this

head also. But no interference is required with the amount

awarded by the Tribunal, under the other heads since they are

just and reasonable. Thus, the appellant will be entitled to an

additional compensation of Rs.10,000/- in total along with

interest and proportional costs.

In the result, this appeal is allowed in part as follows:

i). The appellant is awarded an additional compensation

of Rs.10,000/- with 8% interest per annum from the date of

petition till realization, along with proportionate costs.

2024:KER:84369

ii). The respondent herein shall deposit the afore

amount before the Motor Accident Claims Tribunal, Kollam,

within two months from the date of receipt of a copy of this

judgment.

iii). After deducting Court fee, the Motor Accident

Claims Tribunal, Kollam shall disburse the balance amount to the

appellant.

Sd/-

P.V.BALAKRISHNAN JUDGE

Mms