Kerala High Court
Jabir N.A vs Majeed K on 30 September, 2024
MACA No.3556 of 2021 1 2024:KER:73165
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
MACA NO. 3556 OF 2021
AGAINST THE AWARD DATED 07.05.2021 IN O.P.(M.V.) NO.330 OF
2019 OF ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL-I, KASARAGOD
APPELLANT/PETITIONER :
JABIR N.A.
AGED 33 YEARS
S/O. ALI, NAIPARA HOUSE, PALLAMGOD,
URDOOR POST, KASARAGOD-671 543
BY ADVS.
ROSIN JOSEPH
K.P.HARISH
MUHAMMED YASIL
AMRITA ARUN
RESPONDENTS/RESPONDENTS :
1 MAJEED K.
AGED 44 YEARS
S/O.MAMMAD KUTTI, KALARIYIL HOUSE POOVATTAPARAMBA,
PERUVAYAL VILLAGE, KOZHIKODE,PIN-673 008
2 HALIB ANSARI,AGE NOT KNOWN,
S/O. MUHAMMEDALI, SALIH MANZIL, NARIKUNI VAYAL,
CHELAVOOR, KUNHIMANGALAM, KOZHIKODE-673 571
3 THE BRANCH MANAGER,
NEW INDIA ASSURANCE COMPANY LIMITED,
KASARAGOD BRANCH, GOKUL ENTERPRISES,
ANEBAGILU, M.G ROAD, KASARAGOD-671 121
BY ADV THOMAS MATHEW NELLIMOOTTIL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA No.3556 of 2021 2 2024:KER:73165
EASWARAN S., J.
--------------------------------
M.A.C.A. No.3556 of 2021
------------------------------------------
Dated this the 30th day of September, 2024
JUDGMENT
The claimant in OP(MV) No.330 of 2019 on the files of the
Additional Motor Accidents Claims Tribunal-I, Kasaragod has come up
in this appeal dissatisfied with the quantum of compensation awarded
by the tribunal under various heads.
2. The facts in brief are as follows:
On 16.03.2016, while the appellant/petitioner was travelling
in an auto rickshaw bearing Registration No.KL-14/L-9125 from BC
road to Kasaragod through National Highway, a lorry bearing
Registration No.KL-13-N-3688 driven by the 1st respondent came
from the opposite side hit on the auto rickshaw. As a result of the
accident, the petitioner and the driver of the auto rickshaw were
thrown to the road and sustained serious injuries.
3. On behalf of the claimant Exts.A1 to A7 were marked.
MACA No.3556 of 2021 3 2024:KER:73165
Ext.X1 is the Medical Board Report. The respondent Nos.1 and 2
remained absent and they were set ex parte. The insurance company
entered appearance and filed a written statement contending that the
averments in the petition that the accident was occurred due to the
rash and negligent driving of the 1 st respondent is incorrect. They also
disputed the age, occupation and income of the claimant. The tribunal
proceeded on the material evidence and fixed the notional income of
the petitioner/claimant as Rs.6,000/-. However, since the disability
certificate did not prove that the petitioner/claimant suffered any
permanent disability due to the accident, no compensation was
awarded under the said head. The tribunal proceeded to award the
compensation as follows:
Sl.No. Head of Claim Amount Amount
Claimed (Rs) Awarded(Rs)
a) Loss of earnings 1,50,000/- 18,000/-
b) Partial loss of earnings 1,00,000/- ---
c) Transport to Hospital 5,000/- 2,000/-
d) Extra nourishment 10,000/- 5,000/-
e) Damage to clothing 10,000/- ---
f) Others : Medical Expenses 1,00,000/- 23,613/-
Future Treatment 50,000/- ---
Bystanders expenses 10,000/- 1,200/-
MACA No.3556 of 2021 4 2024:KER:73165
PART II
g) Compensation for pain and 2,00,000/- 20,000/-
sufferings
h) Compensation for continuing or 2,00,000/- ----
permanent disability
i) Compensation for loss of -- -------
earning power
Total 8,35,000/- Rs.69,813/-
Limited to Rounded to
3,00,000/- Rs.70,000/-
4. Heard Adv. Atheena Antony, as instructed by Sri. K.P.
Harish, the learned counsel appearing on behalf of the appellant and
Sri. Thomas Mathew Nellimoottil, the learned Standing Counsel
appearing for the insurance company.
5. The learned counsel appearing for the appellant submitted
that going by the principles laid down by the Hon'ble Supreme Court
in Ramachandrappa vs. The Manager, Royal Sundaram Alliance
Insurance Company Limited [(2011) 13 SCC 236], the notional
income of the claimant should have been fixed at Rs.10,500/- since
the accident was occurred in the year 2016. It is also contended that
no compensation was awarded under the heads damage to clothing
and future treatment expenses and the compensation awarded
MACA No.3556 of 2021 5 2024:KER:73165
towards pain and sufferings and extra nourishment are meagre.
6. On the other hand, the learned Standing Counsel
appearing for the insurance company pointed out that the tribunal has
already granted just and fair compensation which does not call for any
interference by this Court in the appeal.
7. I have considered the rival submissions raised across the
Bar.
8. The fixation of notional income, going by the principles
laid down by the Hon'ble Supreme Court in Ramachandrappa
(supra) appears to be well settled. Therefore, applying the aforesaid
principles, the tribunal was completely erred in fixing the notional
income at Rs.6,000/- instead of Rs.10,500/-. As a result, the award of
the tribunal is required to be interfered with and the notional income
of the claimant has to be fixed at Rs.10,500/-. Accordingly, the
appellant is entitled to get an amount of Rs.31,500/- (10,500x3)
towards Loss of earnings. The tribunal had already awarded an
amount of Rs.18,000/- under that head. Hence the appellant is
MACA No.3556 of 2021 6 2024:KER:73165
entitled to get an additional amount of Rs.13,500/- towards loss of
earnings. Similarly an amount of Rs.2000/- is awarded towards
damage to clothing, and an additional amount of Rs.30,000/- is
awarded towards pain and sufferings. In view of Ext.X1, the nature of
injuries suffered by the appellant are not of serious, hence, this Court
is not inclined to grant enhanced compensation under the heads Extra
Nourishment and Future treatment expenses. Accordingly, the
appellant is entitled to get an enhanced compensation of Rs.45,500/-
(Rupees Forty Five Thousand Five Hundred only) as follows:
Heads Amount enhanced by
this Court (Rs)
Loss of earnings 13,500/-
Damage to clothing 2,000/-
Compensation for pain and sufferings 30,000/-
Total enhanced compensation 45,500/-
The aforesaid amount will carry interest at the rate of 9% per annum
from 19.4.2017 till realization with proportionate cost. The appellant
MACA No.3556 of 2021 7 2024:KER:73165
shall furnish the details of the bank account to the insurance company
for transfer of the amount. The insurance company shall deposit the
amount within a period of one month from the date of receipt of a
copy of this judgment.
Appeal ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
NS
