[Cites 2, Cited by 0]
Kerala High Court
S.Vijayan vs The National Insurance Co.Ltd on 6 December, 2025
MACA NO. 794 OF 2016
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2025:KER:94570
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
SATURDAY, THE 6TH DAY OF DECEMBER 2025 / 15TH AGRAHAYANA, 1947
MACA NO. 794 OF 2016
AGAINST THE AWARD DATED 11.08.2015 IN O(PMV) NO.58 OF 2013 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER :-
S.VIJAYAN, AGED 57 YEARS
S/O. SADANANDAN, VISHNU BHAVAN,MAMALA,
THIRUVANKULAM (VIA),THRIPOONITHURA.
BY ADVS.
SRI.K.JANARDHANAN
SHRI.K.J.MANU RAJ
RESPONDENT/2ND RESPONDENT :-
THE NATIONAL INSURANCE CO.LTD.
JEWS STREET ROAD, PADMA JUNCTION,M.G.ROAD,
COCHIN - 16, POLICY ISSUED BRANCHURUMBATH BUILDING,
PUMP JUNCTION,ALUVA, ERNAKULAM.
BY ADV SMT.P.A.REZIYA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 06.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.58 of 2013
on the file of the Motor Accidents Claims Tribunal, Ernakulam,
dissatisfied with the quantum of compensation awarded by the
tribunal. The respondent herein is the second respondent before the
tribunal.
2. According to the claimant, on 18.11.2012 at about 04.15 pm,
while the claimant was riding his scooter bearing registration
No.KL-40/D-5764, a car bearing registration No.KL-07-BN-7941
driven by the 1st respondent in a rash and negligent manner hit at
the rear side of the scooter. As a result of the accident, the claimant
had sustained serious injuries. The claimant approached the tribunal
claiming a total compensation of ₹6,00,000/-.
3. The 1 st respondent/the driver cum owner of the vehicle
remained ex parte before the tribunal. The 2 nd respondent/insurer of
the offending vehicle filed a written statement admitting the policy,
but disputing the quantum of compensation claimed and contended
that the accident happened due to the negligence of the claimant.
Before the tribunal, Exts.A1 to A13 and Exts.B1 to B3 and Ext.C1
were marked. The tribunal, after analysing the pleadings and
materials on record, awarded a sum of ₹3,31,000/- as compensation
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under different heads with interest @9% per annum from the date of
petition till realization with proportionate costs against the 2nd
respondent/insurer. Dissatisfied with the quantum of compensation
awarded by the tribunal, the claimant has preferred this appeal.
4. Heard the learned counsel for the appellant and the learned
Standing Counsel for the respondent insurance company.
5. The learned counsel for the appellant claims enhancement
mainly under the following heads :-
Notional income :- The learned counsel for the appellant
submitted that though an amount of ₹17,560/- was claimed, the
tribunal had taken only an amount of ₹7,000/- as the monthly
income of the injured who was a worker in Kerala Rubber and
Reclaims Ltd. The learned counsel for the appellant further
submitted that, as per the judgment in Ramachandrappa v.
Manager, Royal Sundaram Alliance Insurance Co. Ltd. [2011
(13) SCC 236], the income of a coolie for an accident in the year
2012 is fixed at ₹8,500/- per month and sought for enhancement of
fixation of monthly income. On the other hand, the learned standing
counsel appearing for the insurance company submitted that
Exts.A11 and A12 certificates, though produced, were not proved.
Following the judgment in Ramachandrappa (supra), in order to
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award a just and reasonable compensation, I find it is appropriate to
refix the monthly income as ₹8,500/-.
Loss of earnings :- Since the monthly income is refixed at
₹8,500/-, the total compensation payable under the head loss of
earnings, is recalculated thus: ₹34,000/- (8,500x4). The tribunal has
already awarded an amount of ₹28,000/- towards loss of earnings.
Thus, there will be an additional amount of ₹6,000/- under the head
loss of earnings.
Pain and sufferings :- The learned counsel for the appellant
submitted that the tribunal has awarded only an amount of
₹30,000/- under the head pain and sufferings. Considering the
nature of injuries sustained as well as the age of the appellant, I find
that a total amount of ₹35,000/- can be awarded under the said
head. Thus, there will be an additional amount of ₹5,000/- under the
afore head.
Loss of amenities/Loss of earning power :- A perusal of the
award shows that ₹20,000/- was granted towards loss of earning
power. However, as the Tribunal had already awarded compensation
under the head permanent disability, the said amount results in
duplication. However, the compensation awarded under the head
loss of earning power shall be considered as compensation payable
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under loss of amenities. Considering the nature of injuries sustained
as well as the loss of enjoyment in life, I find that a total amount of
₹30,000/- can be awarded under the said head. Thus, there will be
an additional amount of ₹10,000/- under the afore head.
Permanent disability :- Since the monthly income has been
refixed as ₹8,500/-, following the judgments in National Insurance
Co. Ltd. v. Pranay Sethi & Ors [2017 (4) KLT 662 (SC)] and
Sarla Verma v. Delhi Transport Corporation [2010(2) KLT
802(SC)], is recalculated as: ₹1,83,600/- (8,500x12x9x20/100).
Since, the tribunal has awarded an amount of ₹1,08,000/-, there will
be an additional amount of ₹75,600/- under the head permanent
disability.
6. Though the appellant claimed enhancement of compensation
under the other heads, on a perusal of the records available, I am
not inclined to interfere with the compensation awarded by the
tribunal under other heads since it appears to be just and
reasonable. Since the appeal is of the year 2016, I find it
appropriate to fix the interest @7% per annum on the enhanced
amount.
7. Thus, the impugned award of the tribunal is modified as
follows:-
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Sl.
No Head of Claim Amount Amount Modified in Total
claimed awarded appeal compensation
by the
tribunal
1 Loss of earning 30,000 28,000 6,000 34,000
2 Transport to 5,000 1,000 (not modified) 1,000
hospital
3 Extra nourishment 5,000 1,000 (not modified) 1,000
4 Damage to clothes 2,000 1,000 (not modified) 1,000
and articles
5 Attendant expenses 20,000 10,000 (not modified) 10,000
6 Medical expenses 1,50,000 1,07,000 (not modified) 1,07,000
7 Pain and sufferings 75,000 30,000 5,000 35,000
8 Loss of disability 2,50,000 1,08,000 75,600 1,83,600
9 Loss of earning 20,000 20,000 10,000 30,000
power/loss of
amenities
10 Future treatment 25,000 25,000 (not modified) 25,000
TOTAL 3,31,000 96,600 4,27,600
Accordingly, the appeal is allowed in part and the claimant is
awarded an additional amount of ₹96,600/- (Rupees ninety six
thousand six hundred only) over and above the compensation
awarded by the tribunal with interest @7% per annum from the date
of petition till realization and proportionate costs from the
respondent insurer. The respondent insurer shall deposit the said
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amount together with interest and costs within a period of two
months from the date of receipt of a certified copy of this judgment.
The claimant shall furnish copies of the PAN Card, ADHAAR Card
and bank details before the respondent insurer within a period of
one month so as to enable the respondent insurer to make the
deposit as ordered above. In case of failure to furnish details as
above, it shall be open for the respondent insurer to deposit the said
amount before the tribunal. Upon such deposit being made, the
entire amount shall be disbursed to the claimant at the earliest in
accordance with law.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SMA
