Kerala High Court
Hans Vinod vs Shareef K on 20 February, 2025
M.A.C.A. No. 4437/2019 :1:
2025:KER:14785
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
MACA NO. 4437 OF 2019
AGAINST THE AWARD DATED 28.03.2019 IN OP(MV) NO.102 OF 2017 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
HANS VINOD, AGED 50 YEARS,
S/O. G. SAMUEL, JYOTHIS HOUSE, PAUL NAGAR, ERANHIPALAM (P.O.),
673 006, KOZHIKODE.
BY ADVS.
SANTHARAM.P
SMT.REKHA ARAVIND
SRI.PAUL P. ABRAHAM
RESPONDENTS/RESPONDENTS:
1 SHAREEF K., AGED 37 YEARS
S/O. SAIFYA K. BUS DRIVER, RESIDING AT KOTTARATHIL HOUSE,
KAYANI (PO.)., 670 702, PAZHASSI VIA, THALASSERY, KANNUR.
2 JUNAISE. C., S/O. MOOSA KOYA, JASMINE, HOUSE, VELLIPARAMBA
(PO.)., 673 008, MAVOOR, KOZHIKODE.
3 THE NEW INDIA ASSURANCE CO. LIMITED,
SHARA COMPLEX, OPP. YMCA ROAD, 673 001, KOZHIKODE ,
REPRESENTED BY ITS MANGER.
4 THE NEW INDIA ASSURANCE CO. LIMITED ,
84, M.G. ROAD, FORT MUMBAI , MUMBAI GOP (PO), 400 001,
REPRESENTED BY ITS MANAGING DIRECTOR.
R3 BY ADV SRI.SAIGI JACOB PALATTY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
19.02.2025, THE COURT 20.02.2025 DELIVERED THE FOLLOWING:
M.A.C.A. No. 4437/2019 :2:
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JOHNSON JOHN, J.
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M.A.C.A No. 4437 of 2019
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Dated this the 20th day of February, 2025.
JUDGMENT
The petitioner in O.P.(MV) No. 102 of 2017 on the file of the Motor
Accident Claims Tribunal, Kozhikode filed this appeal seeking
enhancement of compensation.
2. According to the petitioner, while he was riding a bicycle on
17.09.2014, bus driven by the 1 st respondent in a rash and negligent
manner caused to hit him and thereby, he fell down and sustained
serious injuries. The 2nd respondent is the owner of the offending vehicle
and the 3rd respondent is the insurer.
3. Before the Tribunal, PW1 examined and Exhibits A1 to A25
were marked from the side of the petitioner and Exhibits B1 to B3 were
marked from the side of the respondents. Exhibit C1 is also marked.
4. The Tribunal recorded a finding that the accident occurred
because of the negligence on the part of the 1 st respondent and
respondents 1 to 3 are jointly and severally liable to pay compensation.
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The Tribunal awarded a total compensation of Rs.13,68,500/- to the
petitioner.
5. Heard Sri. Santharam P., the learned counsel for the appellant
and Sri. Saigi Jacob Palatty, the learned counsel for the respondent
insurance company.
6. The learned counsel for the appellant argued that the Tribunal
fixed only a notional income of Rs.8,000/- for the purpose of calculating
the compensation and that the decision of the Hon'ble Supreme Court in
Ramachandrappa v. Royal Sundaram Alliance Insurance Co.Ltd.
[(2011) 13 SCC 236] and Syed Sadiq and Others v. Divisional
Manager, United India Insurance Company [(2014) 2 SCC 735 =
2014 KHC 4027] would show that even in the absence of any evidence,
the monthly income of an ordinary worker has to be fixed as Rs.4,500/-
in respect of the accident occurred in the year 2004 and for the
subsequent years, the monthly income could be reckoned by adding
Rs.500/- each per year. If the monthly income of the deceased is
calculated by adopting the above principle, it will come to Rs.9,500/-, as
the accident occurred in the year 2014. Therefore, considering the facts
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and circumstances, I find that it is only reasonable to fix the monthly
notional income of the appellant at the time of accident as Rs.9,500/-.
7. The appellant was aged 46 years at the time of the accident
and in view of the decision of the Honourable Supreme Court in
National Insurance Co. Ltd. v Pranay Sethi [(2017) 16 SCC 680]
and Jagdish v. Mohan [(2018) 4 SCC 571], he is entitled for an
addition of 25% of the established income towards future prospects. The
Tribunal accepted 50% functional disability after considering the nature
of injuries and permanent disability assessed in Exhibit C1 disability
certificate issued by the Medial Board. The appellant is not challenging
the finding of the Tribunal regarding the percentage of functional
disability.
8. The Tribunal also found that the multiplier applicable is 13 as
per the decision of the Honourable Supreme Court in Sarla Varma v.
Delhi Transport Corporation [2010 (2) KLT 802 (SC)] and the
same is not under challenge. When the compensation for loss of earning
power due to permanent disability is calculated as per the criteria
mentioned above, the same would come to Rs.9,26,250/- [9500 + 25%
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x 12 x 13 x 50/100]. The Tribunal has already granted Rs.6,24,000/-
under this head. Therefore, an additional compensation of Rs.3,02,250/-
is granted to the appellant under this head.
9. The learned counsel for the appellant argued that the Tribunal
granted only Rs.50,000/- towards pain and sufferings and the same is
on the lower side. Considering the nature of injuries, period of
treatment and disability, an additional compensation of Rs.25,000/- is
granted to the appellant under the head, 'pain and sufferings'.
10. The Tribunal granted loss of earnings for 6 months and when
the same is calculated as per the revised national income, the same
would come to Rs.57,000/-. The Tribunal has already granted
Rs.48,000/- under this head. Therefore, an additional compensation of
Rs.9,000/- is granted to the appellant under this head. I find that the
compensation granted by the Tribunal under other heads are reasonable
and the same requires no interference.
11. Accordingly, the appellant is entitled to the enhanced
compensation as given below:
Particulars Compensation Additional
awarded by the amount
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granted by
this Court
Tribunal (Rs.)
(Rs.)
Loss of earning
power due to 6,24,000/- 3,02,250/-
permanent disability
Pain and
50,000/- 25,000/-
sufferings
Loss of earnings 48,000/- 9,000/-
Total enhanced compensation
3,36,250/-
12. Thus, a total amount of Rs.3,36,250/- (Rupees Three Lakhs
Thirty Six Thousand Two Hundred and Fifty only) is awarded as
enhanced compensation. The said amount shall carry interest at the rate
of 8% per annum from the date of the application till realization. The
appellant would also be entitled to proportionate costs in the case. The
claimant shall furnish the details of the bank account to the insurance
company for transfer of the amount.
The appeal is allowed as above.
sd/-
JOHNSON JOHN,
JUDGE.
Rv
