Kerala High Court
Binu vs National Insurance Company Ltd on 8 August, 2025
2025:KER:59769
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
MACA NO. 431 OF 2020
AGAINST THE AWARD DATED 05.09.2019 IN OPMV NO.1324 OF
2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR
APPELLANT/PETITIONER:
BINU,
AGED 46 YEARS
S/O. MADAHVAN, NELLIKUZHI HOUSE,
THENGODU, CHULLI P.O.
BY ADV SRI.A.N.SANTHOSH
RESPONDENT/2ND RESPONDENT:
NATIONAL INSURANCE COMPANY LTD.,
SECUNDARABAD DIVISION-IV, 1ST FLOOR,
FLAT NO.C-17-19, MINERVA COMPLEX, SD ROAD,
SECUNDARABAD, THELENGANA-500003,
REPRESENTED BY ITS MANAGER.
BY ADV SRI.SEBASTIAN VARGHESE(K/141/2000)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 08.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 431 OF 2020
2
C.S.SUDHA, J.
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M.A.C.A. No.431 of 2020
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Dated this the 8th day of August 2025
JUDGMENT
This appeal has been filed under Section 173 of the Motor
Vehicles Act, 1988 (the Act) by the claim petitioner in O.P.(MV)
No.1324/2016 on the file of the Motor Accidents Claims Tribunal,
Perumbavoor, (the Tribunal), aggrieved by the amount of
compensation granted by Award dated 05/09/2019. The sole
respondent herein is the second respondent/insurer in the petition.
In this appeal, the parties and documents will be referred to as
described in the original petition.
2. According to the claim petitioner, on 15/05/2016 at
about 06:00 a.m., while he was waiting with motorcycle bearing
registration no.KL-41/C-6782 by the side of Angamaly-Manjapra
road at the place by name Thuravur, car bearing registration no.KL-
63/225 driven by the first respondent in a rash and negligent
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manner knocked him down, as a result of which he sustained
grievous injuries. A sum of ₹50,00,000/- was claimed as
compensation under various heads.
3. The first respondent/owner-cum-driver remained ex parte.
4. The second respondent/insurer filed written statement
admitting the existence of a valid policy in respect of the offending
vehicle, but denied negligence on the part of the first
respondent/owner-cum-driver.
5. Before the Tribunal, no oral evidence was adduced by
either side. Exts.A1 to A16 and Ext.C1 were marked on the side of
the claim petitioner. No documentary evidence was adduced by the
second respondent/insurer.
6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part
of the first respondent/owner-cum-driver of the offending vehicle
resulting in the incident and hence awarded an amount of
₹19,60,600/- together with interest and proportionate costs.
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Aggrieved by the Award, the claim petitioner has come up in
appeal.
7. The only point that arises for consideration in this appeal
is whether there is any infirmity in the findings of the Tribunal
calling for an interference by this Court.
8. Heard both sides
9. The award of compensation by the Tribunal under the
following heads is challenged by the claim petitioner -
Notional income
It is submitted by the learned counsel for the claim petitioner
that in the light of Ext.A15 salary certificate, the Tribunal
committed a gross error in fixing the notional income of the claim
petitioner at ₹10,000/- when Ext.A15 clearly showed that he was
getting an income of ₹17,645/-. Per contra, it is submitted by the
learned counsel for the second respondent/insurer that the claim
petitioner is only a seasonal labourer, which is mentioned in
Ext.A15 itself and therefore the Tribunal was right in fixing the
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amount as ₹10,000/- and that no enhancement is called for.
9.1. As per Ext.A15, which is salary certificate dated
23/08/2016 issued by the Assistant Executive Engineer, Idamalayar
Irrigation Project, the claim petitioner, a seasonal labourer, was
getting an amount of ₹17,645/- per month. It is true that he is a
seasonal labourer and therefore he will get the salary only when he
is engaged or employed for work. In the facts and circumstances of
the case, I find that fixing the notional income at ₹13,000/- would
be just and reasonable.
Loss of earnings
10. The materials on record show that following injuries
were sustained by the claim petitioner:
"1) Diffuse axonal injury
2) Minimal left frontal SAH
3) Multiple basifrontal contusion (Minimal)
4) Bilateral mild intraventricular hemorrhage
5) Right sided traumatic third nerve palsy
6) Fracture right 1st - 8th ribs
7) Right pneumothorax
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8) Comminuted right intertrochanteric femur fracture
9) Comminuted right shaft of femur fracture"
He was hospitalized for a period of 65 days. He also
underwent 2 surgeries. In all probability, the claim petitioner might
have been unable to work for a period of 12 months. Therefore, I
find that he can be granted compensation towards loss of earnings
for a period of 12 months, that is ₹1,56,000/- (13,000 x 12 months).
Pain and suffering
11. It is pointed out that though an amount of ₹10,00,000/-
was claimed under this head, the Tribunal has granted an amount of
₹1,50,000/- only. In the light of the nature of injuries; the period of
hospitalization and the percentage of disability, that is, 67.6%
which is quite high, I find that an amount of ₹1,75,000/- can be
awarded.
Loss of amenities etc.
12. Though an amount of ₹10,00,000/- was claimed under
this head, the Tribunal has granted an amount of ₹1,25,000/- only,
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MACA NO. 431 OF 2020
which is also stated to be on the lower side.
12.1. As per Ext.C1, the percentage of disability is 67.6%
which is quite high, falling in the severe category. The claim
petitioner was only 43 years at the time of the accident. Therefore,
taking into account the disability that has been caused, I find that an
amount of ₹2,00,000/- under this head would be just and
reasonable.
13. The impugned Award is modified to the following
extent:
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
(in ₹) Tribunal (in ₹)
(in ₹)
1. Loss of 25,00,000/- 90,000/- 1,56,000/-
earnings (10,000 x 9) (13,000 x 12)
2. Partial loss of 2,00,000/- Nil Nil
earnings (No Modification)
3. Transport to 2,00,000/- 5,000/- 5,000/-
hospital (No Modification)
4. Extra 5,00,000/- 32,500/- 32,500/-
nourishment (No Modification)
5. Medical 15,00,000/- 55,000/- 55,000/-
expenses (No Modification)
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6. Pain & 10,00,000/- 1,50,000/- 1,75,000/-
suffering
7. Loss of 10,00,000/- 1,25,000/- 2,00,000/-
amenities etc.
8. Permanent 35,00,000/- 14,19,600/- 18,45,480/-
disability [(10,000+25%) [(13,000+25%)
x12x14x67.6/100] x12x14x67.6/100]
9. Attendance 10,00,000/- 32,500/- 32,500/-
charges (No Modification)
10 Damage to 1,00,000/- 1,000/- 1,000/-
clothes etc. (No Modification)
11 Future 10,00,000/- Nil Nil
prospects (No Modification)
12 Disfiguration 3,00,000/- Nil Nil
etc. (No Modification)
13 Loss of 10,00,000/- Nil Nil
earning power (No Modification)
14 Future Nil 50,000/- 50,000/-
bystander exp. (No Modification)
Total 1,38,00,000/- 19,60,600/- 25,52,480/-
limited to
50,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹5,91,880/- (total
compensation = ₹25,52,480/- that is, ₹19,60,600/- granted by the
Tribunal plus ₹5,91,880/- granted in appeal) with interest at the rate
of 8% per annum from the date of petition till date of realization
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and proportionate costs. The second respondent/insurer is directed
to deposit the aforesaid amount before the Tribunal within a period
of 60 days from the date of receipt of a copy of the judgment. On
deposit of the amount, the Tribunal shall disburse the amount to the
claim petitioner at the earliest in accordance with law after making
deductions, if any.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
