Kerala High Court
Ayana(Minor) vs National Insurance Co.Ltd on 5 February, 2025
2025:KER:9043
MACAs 301 & 309 of 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
MACA NO. 301 OF 2021
AGAINST THE AWARD DATED 20.12.2017 IN OPMV NO.735 OF 2016
OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
AYANA(MINOR)
AGED 9 YEARS
D/O VINOD, REPRESENTED BY FATHER AND GUARDIAN
VINOD, S/O KORAN, AGED 40 YEARS, POOVANMALA
HOUSE, CHAMAL P O, THAMARASSERY, KOZHIKODE
DISTRICT.
BY ADV V.N.RAMESAN NAMBISAN
RESPONDENT/1ST RESPONDENT:
NATIONAL INSURANCE CO.LTD
REPRESENTED BY ITS BRANCH MANAGER, FOURTH FLOOR,
PARCO TOWERS, P M TAJ ROAD, P B NO. 207,
KOZHIKODE DISTRICT-673001.
BY ADV SMT.P.K.SANTHAMMA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 22.11.2024, ALONG WITH MACA.309/2021, THE COURT ON
05.02.2025 DELIVERED THE FOLLOWING:
2025:KER:9043
MACAs 301 & 309 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
MACA NO. 309 OF 2021
AGAINST THE AWARD DATED 20.12.2017 IN OPMV NO.736 OF 2016
OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
ANANYA(MINOR)
AGED 13 YEARS
D/O VINOD, REPRESENTED BY FATHER AND GUARDIAN
VINOD, S/O KORAN, AGED 43 YEARS, POOVANMALA
HOUSE, CHAMAL P O, THAMARASSERY, KOZHIKODE
DISTRICT.
BY ADV V.N.RAMESAN NAMBISAN
RESPONDENT/RESPONDENT NO.3:
NATIONAL INSURANCE CO.LTD
REPRESENTED BY ITS BRANCH MANAGER, FOURTH FLOOR,
PARCO TOWERS, P M TAJ ROAD, P B NO. 207,
KOZHIKODE DISTRICT-673001.
BY ADV P.K.SANTHAMMA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ORDERS ON 22.11.2024, ALONG WITH MACA.301/2021, THE COURT
ON 05.02.2025 DELIVERED THE FOLLOWING:
2025:KER:9043
MACAs 301 & 309 of 2021
3
JUDGMENT
[MACA Nos.301/2021, 309/2021]
These appeals arise from a common award dated 20.12.2017 in
OP(MV) Nos.735/2016 and 736/2016 on the files of the Principal
Motor Accidents Claims Tribunal, Kozhikode and hence are being
considered together by this common judgment. The insufficiency of
compensation granted to the appellants/claimants, who are two
minors, in the claim petitions in a road accident, is the subject matter
of these appeals.
2. On 30.12.2015 at about 2.30 a.m., when the claimants
were travelling in a car bearing registration No.KL-11-AD-4446 met
with an accident near Thamarassery Checkpost. The accident was
caused as a result of swerving of the car suddenly in an abrupt and
negligent manner. The allegation is that the accident was caused due
to the negligent driving of the driver of the vehicle.
3. On behalf of the claimants, Exts.A1 to A16 and Exts.C1 and
C2 documents were produced. As a result of the injuries sustained in
the accident, both the appellants sustained permanent disability,
2025:KER:9043
MACAs 301 & 309 of 2021
which was assessed by the Medical Board as per Exts.C1 & C2
certificates dated 2.11.2016 at 18% and 14%, respectively. The
tribunal, however, proceeded to ignore the certificates of disability
and proceeded to fix a lesser percentage of disability and granted the
following compensations :
The compensation claimed Amount Amount Basis/vial
under different heads claimed allowed details in a
nutshell
1 Transport to hospital 1,00000/- 3,000/-
2 Damage to clothings 5,000/- 1,000/-
3 Extra nourishment 1,00,000/- 3,500/-
4 Medical expenses 7,00,000/- 5,541/- A6 series
5 Discomfort, inconvenience and Nil 25,000/- (Relied on
loss of earning to the parents Rajesh
during the period of v.Rajbeer Singh
hospitalization of minor (2013(3) KLT
petitioner 89)
6 Compensation of all other Nil 3,00,000/- (Relied on
heads (pain and suffering Rajesh
already undergone, to be v.Rajbeer Singh
undergone, hardship, (2013(3) KLT
discomfort, loss of amenities 89)
and inconvenience)
Total 3,38,041/-
The compensation claimed Amount Amount Basis/vial
under different heads claimed allowed details in a
nutshell
1 Transport to hospital 1,00000/- 3,000/-
2025:KER:9043
MACAs 301 & 309 of 2021
2 Damage to clothings 5,000/- 1,000/-
3 Extra nourishment 1,00,000/- 2,500/-
4 Medical expenses 7,00,000/- 107/- A16 series
5 Discomfort, inconvenience and Nil 20,000/- (Relied on
loss of earning to the parents Rajesh
during the period of v.Rajbeer Singh
hospitalization of minor (2013(3) KLT
petitioner 89)
6 Compensation of all other Nil 1,00,000/- (Relied on
heads (pain and suffering Rajesh
already undergone, to be v.Rajbeer Singh
undergone, hardship, (2013(3) KLT
discomfort, loss of amenities 89)
and inconvenience)
Total 1,26,607/-
4. Heard Sri.V.N.Ramesan Nambisan, the learned counsel
appearing for the appellants/claimants and Smt.P.K.Santhamma, the
learned counsel appearing for the insurance company.
5. The question to be considered in these appeals is as to
whether the tribunal was justified in fixing a consolidated amount as
compensation or whether the tribunal should have applied the
multiplier system for the purpose of computing the compensation.
6. The issue raised in these appeals is no longer res integra.
In Kajal Vs Jagdish Chand and Others [2020 KHC 6114], the
Hon'ble Supreme Court held that granting consolidated
compensation to a minor, who has suffered injury and permanent
2025:KER:9043
MACAs 301 & 309 of 2021
disability, is not feasible and, therefore, applied the multiplier system.
In Angad Tiwari and Another vs. National Insurance
Company Ltd. and Another (Civil Appeal No.10950 of 2024)
decided on 01.10.2024, the Hon'ble Supreme Court again reiterated
that while fixing the notional income of the claimants, the tribunals
and high courts shall not fix the income below that of the minimum
wage.
7. In Master Jyothis Raj Krishna @ Jyothi Krishna v.
Sunny George [2025 (1) KHC 348], authored by ES(J), this Court
held that for the purpose of computing permanent disability, the
tribunal should apply the multiplier system by reckoning the notional
income based on the minimum wage.
8. In the light of the precedents as discussed above, it
becomes inevitable for this Court to conclude that the tribunal erred
egregiously in fixing the compensation on a consolidated basis.
9. In Manikantan G. v. K.Janardhanan Nair and
Others [2021 (5) KHC 305], this Court has held that the tribunals
cannot scale down the percentage of disability without referring the
claimant(s) to the Medical Board. Therefore, the award of the
2025:KER:9043
MACAs 301 & 309 of 2021
tribunal is liable to be interfered with to that extent. Therefore, the
disability of the appellants/claimants as evident from Exts.C1 and C2
is restored to 18% and 14%, respectively.
10. What remains to be considered is the fixation of notional
income. In Ramachandrappa v. The Manager, Royal
Sundaram Alliance Insurance Company Ltd. (2011 (13) SCC
236), the Hon'ble Supreme Court had laid down certain principles for
the purpose of calculating the notional income. Even going by the
said principles, a coolie worker is entitled to have the notional income
fixed at Rs.10,000/- per month for an accident that occurred in the
year 2015.
11. However, this Court is of the view that the appellants
being minors and students are entitled to have a higher percentage of
notional income fixed. Therefore, this Court is of the considered view
that an amount of Rs.13,000/- can be fixed as the notional income of
the appellants/claimants.
12. In the result, it is found that the appellants/claimants are
entitled to succeed. The appeals are allowed and the award of the
tribunal is modified as follows:
2025:KER:9043
MACAs 301 & 309 of 2021
OP(MV) No.735/2016/MACA No.301/2021
(a) Notional income of the appellant/claimant is fixed at
Rs.13,000/- per month.
(b) Disability compensation : 13,000x12x15x18/100=4,21,200-
3,00,000= Rs.1,21,200/-
(c) Discomfort, inconvenience and loss of earning to the parents
during the period of hospitalization of minor petitioner :
35,000-25,000 = Rs.10,000/-
(d) Compensation towards pain and sufferings : Rs.15,000/-
(e) Compensation towards loss of amenities : Rs.25,000/-
OP(MV) No.736/2016/MACA No.309/2021
(a) Notional income of the appellant/claimant is fixed at
Rs.13,000/- per month.
(b) Disability compensation : 13,000x12x15x14/100=3,27,600-
1,00,000= Rs.2,27,600/-
(c) Discomfort, inconvenience and loss of earning to the parents
during the period of hospitalization of minor petitioner :
35,000-20,000 = Rs.15,000/-
(d) Compensation towards pain and sufferings : Rs.15,000/-
2025:KER:9043
MACAs 301 & 309 of 2021
(e) Compensation towards loss of amenities : Rs.25,000/-
Thus, a total amount of Rs.1,71,200/- (Rupees One Lakh Seventy
One Thousand and Two Hundred Only) and Rs.2,82,600/- (Rupees
Two Lakhs Eighty Two Thousand and Six Hundred Only), is fixed as
the enhanced compensation in OP(MV) No.735/2016/MACA
No.301/2021 and OP(MV) No.736/2016/MACA No.309/2021,
respectively. The aforesaid amounts shall carry interest @ 9% per
annum from the date of the claim petitions till the date of realisation,
except for a period of 967 days and 662 days, which is the delay caused
in preferring MACA Nos.301/2021 and 309/2021, respectively. The
appellants are also entitled to proportionate costs on the enhanced
amount. The insurance company shall deposit the said amounts
within a period of one month from the date of receipt of a copy of this
judgment.
Ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
jg
