Kerala High Court
Sudheesh K.V vs Justin Baby on 20 January, 2025
2025:KER:4787
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 20TH DAY OF JANUARY 2025/30TH POUSHA, 1946
MACA NO. 127 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 30.06.2020 IN OPMV
NO.791 OF 2014 OF ADDITIONAL DISTRICT COURT-II & IST
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , MAVELIKKARA.
APPELLANT:
SUDHEESH K.V,
AGED 36 YEARS,
S/O VASUDEVAN, KOIKKARUZHATHIL , OTHARA,
THAIMARVUMKARA MURI, KUTTOOR VILLAGE,
THIRUVALLA TALUK.
BY ADVS.
B.RENJITHKUMAR
SMT.CLARA SHERIN FRANCIS
RESPONDENTS:
1 JUSTIN BABY,
AGED 36 YEARS,
S/O BABY, OZHUKAYIL VEEDU, MANNANAM MURI,
ATHIRAMPUZHA VILLAGE, KOTTAYAM,
PIN - 686 562.
2 LAIJU,
AGED 40 YEARS
S/O AMBUJAKSHAN, 4/23 (I/314),
KOTTATIL HOUSE, MELAKADU, UDAYAMPEROOR,
ERNAKULAM, PIN-682 307.
M.A.C.A.No.127 of 2021
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3 THE MANAGER,
NATIONAL INSURANCE CO.LTD, ERNAKULAM BRANCH,
ERNAKULAM DISTRICT, PIN - 682 035.
BY ADV KIRAN PETER KURIAKOSE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 20.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.127 of 2021
2025:KER:4787
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JUDGMENT
(Dated this the 20th day of January, 2025)
The claimant in the OP(MV) No. 791/2014 on the
files of the Motor Accidents Claims Tribunal-II,
Mavelikkara is the appellant.
2. The claimant approached the tribunal for
compensation on account of the injuries sustained due to
the accident that occurred on 15.12.2012, when he was
travelling in a tempo traveller, mini bus bearing
Registration No.KL-39/A-5623 from Chengannur-
Pandalam, in connection with Raj Bhavan March of Kerala
Pulaya Mahasabha. When the vehicle had reached near
the petrol pump at Karakkad junction in M.C road, the
driver of the vehicle suddenly changed the gear causing
the mini bus to tumble down. Accordingly, the claimant
sustained severe injuries. He was initially treated at
Century hospital, Mulakuzha and thereafter at Medical
College Hospital, Kottayam and continued as an inpatient
and outpatient till 23.10.2013. The claimant contended
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that, he is a mason, aged 30 years having a monthly
income of Rs.21,000/-. In support of his claim, he
produced Exts. A1 to A14 documents. No oral or
documentary evidence was adduced on the side of the
Insurance Company. The tribunal on appreciation of
evidence found that since, no evidence was adduced by
the claimant, the income was notionally fixed at Rs.4,500/-
and granted the following compensations:
Sl Head of Claim Amount Amount Basis -
No Claimed (in awarded (in vital
rupees) rupees) details
in a
nutshell
1 Loss of earnings 2,48,000/- 27,000/- 4,500x6
2 Partial loss of 5,00,000/- ----
earnings
3 Transportation 57,000/- 17,000/-
4 Extra Nourishment 25,000/- 3,500/-
5 Damage to clothing 2,000/- 1,000/-
6 Medicine 1,10,000/- 12,652/-
7 Bystander 30,000/- 4,500/- 15x350
expenses
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8 Compensation for 5,00,000/- 20,000/-
pain and sufferings
9 Compensation for 10,00,000/- 1,79,928/-
permanent
disability, loss of
amenities in life
10 Compensation for 5,00,000/- Nil
loss of earning
power
11 Total Rs.24,77,000/- Rs.2,65,580/
-
4. Heard Sri. B.Renjith Kumar, the learned
counsel appearing for the appellant and Sri. Kiran Peter
Kuriakose, the learned counsel appearing for the
Insurance Company.
5. The question which falls for consideration
before this Court is with regard to the income of the
appellant/petitioner. On a perusal of the award shows that
the tribunal had fixed the notional income at Rs.4,500/-
which is dismally low. In Jeyarani v. The Manager
Bajaj Allianz General Insurance Company Ltd, [2023
KHC 7242], the Apex Court in a similar circumstance
fixed the income of a mason at Rs.9,000/-. Considering the
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principles laid down by the Hon'ble Supreme Court as
above, this Court is of the view that the claimant is
entitled to have the notional income fixed at Rs.9,000/-. In
respect of the claim for compensation under the non-
conventional heads also, the claimant is entitled for a
reasonable enhancement.
Hence, the appeal stands allowed. The claimant is
entitled for enhanced compensation as follows:
a) The notional income of the claimant is fixed at
Rs.9,000/-.
b) The appellant is entitled to for an additional
compensation of Rs.27,000/- (9,000 x 6 = 54,000 - 27,000)
under the head loss of earnings.
c) The appellant is entitled for a compensation of
Rs.15,000/- (35,000 - 20,000) under the head of pain and
sufferings, additionally.
d) The appellant is also entitled to an additional
compensation of Rs.25,000/- towards the head loss of
amenities.
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Thus a total amount of Rs.67,000/- (Rupees Sixty
seven thousand only) is awarded as the enhanced
compensation to the appellant. The amount shall carry 8%
interest from 24.02.2014 till 26.02.2018 and thereafter
from 05.07.2019 till the date of realization, since the
petition was dismissed for default on 26.02.2018 and also
since it was restored only on 05.07.2019, the interest
would not run for the period from 26.02.2018 to
05.07.2019. The appellant will also be entitled for
proportionate costs. The Insurance Company shall deposit
the enhanced compensation together with interest and
proportionate costs within a period of two months from the
date of receipt of a copy of this judgment. The appeal is
ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
ADS
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PETITIONER ANNEXURES
ANNEXURE-A1 TRUE COPY OF THE CERTIFICATE DATED
06.02.2021 ISSUED BY THE GOVERNMENT
CONTRACTOR TIJU JOSE.
