Kerala High Court
Aneeshkumar vs Geo Abraham on 25 September, 2024
MACA NO. 341 OF 2021
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2024:KER:71564
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
MACA NO. 341 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 15.01.2020 IN OP(MV)
NO.800 OF 2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA
APPELLANT:
ANEESHKUMAR
AGED 39 YEARS
S/O. KRISHNANKUTTY, POTTUCHIRATHADATHIL HOUSE,
KURAVILANGAD P.O., KOZHA KARA, KURAVILANGADU
VILLAGE, KOTTAYAM-686633.
BY ADVS.
MANUEL KACHIRAMATTAM
SMT.MERRY GEORGE
RESPONDENTS:
1 GEO ABRAHAM
S/O.ABRAHAM, PULPRAYIL HOUSE, KAKKOOR P.O.,
KOOTHATTUKULAM, ERNAKULAM-686662, NOW RESIDING AT
PAKALOMATTOM P.O., KURAVILANGAD KARA, KURAVILANGAD
VILLAGE, KOTTAYAM-686633.
2 NATIONAL INSURANCE CO. LTD.,
REPRESENTED BY ITS MANAGER, ST. GEORGE ARCADE,
ABOVE S.B.I., NEAR JANATHA HOSPITAL ROAD,
PALA P.O., KOTTAYAM DISTRICT-686575.
BY ADV SMT.K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The claimant before the Motor Accidents Claims
Tribunal, Pala in OP (MV) No. 800/2016 is the appellant.
On 30.06.2016 while the petitioner/claimant was riding a
motorcycle bearing registration No. KL-35-A-9925
through Kuravilangad-Koothattukulam public road, at
about, 12.30 pm, when he reached infront of Bombay
Textiles, Kozha kara, a car bearing Registration No. KL-
17-E-7832 driven by the 1st respondent came from the
opposite direction in a rash and negligent manner and hit
on the motorcycle, thus caused serious injuries to the
claimant. The claimant produced Exts.A1 to A18
documents and Ext.X1 was the disability certificate
produced on behalf of the claimant. The insurance
company entered appearance and contested the claim.
The Tribunal based on the evidence on record assessed
the compensation as follows:-
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Sl. Head of Claim Amount Amount Basis Vital
No Claimed Awarded (Rs.) details in a
(Rs) nut shell
1 Loss of earnings 60,000 60,000
2 Transport to 10,000 6,400
hospital
3 Extra 1,000 1,000
nourishment
4 Damage to 1,000 1,000
clothing
5 Medical and 75,000 26,850
miscellaneous
expenses
6 Bystander 10,000 7,500
expenses
7 Pain and 2,00,000 60,000
suffering
8 Compensation 20,00,000 10,80,000
for disability
9 Compensation 2,00,000 45,000
for loss of
amenities
Total Rs.25,00,000 Rs.12,87,750
While assessing the compensation, the Tribunal took the
notional income of the claimant as Rs. 10,000/-. The
main grievance of the appellant/claimant is with regard
to the fixation of the notional income and also the grant
of compensation under the other non pecuniary heads.
2. I have heard Sri. Manuel Kachiramattam,
learned counsel appearing for the appellant, and
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Smt.K.S.Santhi, learned Standing counsel appearing for
the insurance company.
3. The learned counsel appearing for the
appellant pointed out that the claimant being a headload
worker was entitled to have the notional income above
the amount fixed by the Tribunal. The nature of injury
sustained by the claimant was serious enough prompting
the Tribunal to increase the percentage of disability to
60%, despite the Medical Board finding that the
disability is only 49%. This is especially, since the
Tribunal had an occasion to see the claimant in person
and also the nature of injury that was caused to him.
Therefore, considering these facts, the Tribunal ought to
have fixed the notional income above what has been
fixed by the Tribunal now.
4. On the other hand, Smt. K.S Santhi, learned
Standing counsel appearing for the Insurance company
submitted that, no evidence was produced before the
Tribunal to show that the claimant was earning an
amount more than Rs.10,000/-. Even going by the
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notification issued under the Minimum Wages Act, the
income fixed by the Tribunal will come more than what a
headload worker is legally entitled to claim. Therefore,
according to the learned Standing counsel for the
Insurance company, there is no requirement to interfere
with the award passed by the Tribunal.
5. I have considered the rival submissions raised
across the Bar.
6. No doubt that the Tribunal had increased the
percentage of disability from 49% to 60%. It was
perfectly within the domain of the Tribunal to assess the
functional disability, especially since the appellant is a
headload worker and the nature of injuries caused to him
prevents him from undertaking the strenuous job of
headload work. The Tribunal has fixed the notional
income at Rs. 10,000/- and going by the principles laid
down by the Supreme Court in Ramachandrappa v
Royal Sundaram Alliance Insurance Company Ltd.
[AIR 2000 SC 2951], the notional income of the
appellant is liable to be fixed at Rs. 10,500/-. However, it
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is admitted that the minimum wages required to be paid
to the headload workers was revised with effect from
19.01.2017 at Rs. 523/- per day. Even if that amount is
calculated, on an average, a headload worker will be
earning Rs. 13,500/- for a period of 26 days.
7. Hence, considering the peculiar facts and
circumstances of this case, this Court is inclined to fix
the notional income of the claimant at Rs. 13,500/-.
Accordingly, the appeal is allowed and the enhancement
is granted under the following heads:-
Sl. Head of Claim Amount Amount Enhanced by
No Claimed Awarded this Court (in
(Rs) (Rs.) rupees.)
1 Loss of earnings 60,000 60,000 21,000
(13,500x6=81,
000-60,000)
2 Transport to 10,000 6,400
hospital
3 Extra 1,000 1,000
nourishment
4 Damage to 1,000 1,000
clothing
5 Medical and 75,000 26,850
miscellaneous
expenses
6 Bystander 10,000 7,500
expenses
7 Pain and 2,00,000 60,000 10,000
suffering
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8 Compensation 20,00,000 10,80,000 3,78,000
for disability (13,500 x
12x15x60/100=
14,5,8000-
10,80,000)
9 Compensation 2,00,000 45,000
for loss of
amenities
Total Rs. Rs. Rs.
25,00,000 12,87,750 4,09,000/-
Thus a total amount of Rs.4,09,000/- (Rupees
four lakhs and nine thousand only) is ordered as
enhanced compensation. The above said amount shall
carry interest at 8% from the date of the petition till
realization. The claimant shall furnish the details of the
bank account to the Insurance Company for transfer of
the amount. The appeal is ordered accordingly. No
order as to costs.
Sd/-
EASWARAN S.
JUDGE
ASH
