Kerala High Court

V.K.Remanan vs National Insurance Co. Ltd on 17 June, 2025

M.A.C.A.No.1064 of 2020

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                                                  2025:KER:43079

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MRS. JUSTICE C.S. SUDHA

 TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947

                          MACA NO. 1064 OF 2020

       AGAINST THE AWARD DATED 15.02.2019 IN OPMV NO.2019 OF

2016 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS

TRIBUNAL, ERNAKULAM.

APPELLANT/PETITIONER:

            V.K.REMANAN,
            AGED 57 YEARS,
            S/O. KUNJU, VALLAMTHARA HOUSE,
            THIRUMALA BHAGOM P. O.,
            THURAVOOR AND NOW RESIDING AT C/O. CLEETUS,
            KRISTU BHAVAN, KUMBALAM, PIN - 682 506.


            BY ADVS.
            SRI.RAHUL SASI
            SMT.NEETHU PREM


RESPONDENT/2ND RESPONDENT:

            NATIONAL INSURANCE CO. LTD
            REGIONAL OFFICE, 2ND FLOOR,
            OMANA BUILDING, JEWS STREET,
            PADMA JUNCTION, NORTH P. O.,
            ERNAKULAM, COCHIN - 682 035,
            REP. BY ITS AUTHORIZED OFFICER.

            BY ADV SRI.ABHIJETT LESSLI
      THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 17.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 M.A.C.A.No.1064 of 2020

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                               C.S.SUDHA, J.
               ----------------------------------------------------
                         M.A.C.A.No.1064 of 2020
               ----------------------------------------------------
                  Dated this the 17th day of June 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.2019/2016 on the file of the Additional Motor

Accidents Claims Tribunal, Ernakulam (the Tribunal), aggrieved

by the amount of compensation granted by Award dated

15/02/2019. The sole respondent herein is the 2nd respondent in

the petition. In this appeal, the parties and the documents will be

referred to as described in the original petition.

2. According to the claim petitioner, on

24/03/2016 at 09:00 p.m., while he was riding his bicycle through

Alappuzha-Ernakulam National Highway, motorcycle bearing

registration no.KL-32-E-1727 driven by the first respondent in a

rash and negligent manner knocked him down, as a result of

which he sustained grievous injuries.

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3. The first respondent-driver filed written

statement denying negligence on his part. Compensation claimed

under various heads was also challenged.

4. The second respondent/insurer filed written

statement admitting the policy, but disputing liability. Averments

in the petition regarding age, job, income, nature of injuries and

amount claimed under various heads were disputed.

5. Before the Tribunal, no oral evidence was

adduced by either side. Exts.A1 to A6 and Ext.X1 were marked

on the side of the claim petitioner. No documentary evidence was

adduced by the respondents.

6. The Tribunal on consideration of the

documentary evidence and after hearing both sides, found

negligence on the part of the first respondent-driver of the

offending vehicle resulting in the incident and hence awarded an

amount of ₹3,24,120/- together with interest at the rate of 8% per

annum from the date of the petition till realisation along with

proportionate costs. Aggrieved by the Award, the claim petitioner

has come up in appeal.

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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 are challenged by the claim petitioner-

Notional income

It is submitted by the learned counsel for the claim

petitioner that the latter, a 54 year old man was a cook cum

supplier, earning an amount of ₹18,000/- per month. However,

the Tribunal fixed the notional income at ₹13,000/- only. Per

contra, it was submitted by the learned counsel for the second

respondent that in the absence of evidence, the amount fixed by

the Tribunal is reasonable and that it does not call for any

interference.

As pointed out by the learned counsel for the second

respondent, no oral or documentary evidence has been adduced to

substantiate the claim that the monthly income of the claim

petitioner was ₹18,000/-. Hence, I find that the amount of

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₹13,000/- fixed as notional income by the Tribunal to be just and

reasonable.

Loss of earnings

The materials on record show that the following are the

injuries sustained by the claim petitioner -

1. Shock.

2. Fracture clavicle distal 1/3rd left side.

3. Multiple rib fracture (left) 2 to 8.

4. Pain left shoulder.

5. Pain chest left side.

6. Multiple injuries over extremities.

7. Contusion on both lungs.

8. Mild haemothorax (L).

In all probability, he might have been unable to work for

a period of about 9 months. Therefore, the amount would be

₹13,000/- x 9 = ₹1,17,000/-.

Bystander's expenses

An amount of ₹15,000/- was claimed. The Tribunal

granted an amount of ₹6,000/-, that is at the rate of ₹1,000/- per

day. It is submitted by the learned counsel for the claim petitioner

that in the light of the injuries sustained, bystander's expenses at

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least for a period of three months ought to have been granted.

In the light of the injuries, which includes multiple rib

fracture, I find that bystander's expenses at the rate of ₹450/- for

30 days can be granted. (450 x 30 = ₹13,500/-)

Compensation for pain and suffering

In the light of the injuries sustained, I find that an amount

of ₹85,000/- would be just and reasonable.

Compensation for loss of amenities and enjoyment in life

An amount of ₹1,00,000/- was claimed. However, the

Tribunal granted an amount of ₹20,000/- only. This is also

contended to be on the lower side.

As noticed earlier, the injuries include multiple injuries

to the ribs and hence I find that an amount of ₹45,000/- would be

just and reasonable.

The learned counsel for the claim petitioner also

submitted that the occupational disability or the functional

disability of the claim petitioner ought to have been fixed at 10%.

The Tribunal has fixed the disability at 7% only, which is liable to

be enhanced.

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Ext.X1 is the disability certificate issued by the Medical

Board which shows that the disability sustained due to the

incident is 7%. The Tribunal has accepted the same also. I do not

find any infirmity as the Tribunal has relied on a certificate that

has been issued by a Board consisting of experts. Therefore, no

interference into the same is called for.

10. The impugned Award is modified to the

following extent:

Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal Tribunal

1. Loss of ₹10,8000/- ₹78,000/- ₹1,17,000/-

earnings

3. Transport to ₹5,000/- ₹8,000/- ₹8,000/-

          hospital                                        (No modification)
4.         Extra          ₹15,000/-          ₹15,000/-       ₹15,000/-
        nourishment                                       (No modification)
5.       Damage to         ₹5,000/-          ₹2,000/-         ₹2,000/-
          clothing                                        (No modification)
6.       Treatment        ₹15,000/-             Nil              Nil
         expenses                                         (No modification)
7.       Bystanders       ₹15,000/-          ₹6,000/-       ₹13,500/-
          expenses
8.     Compensation       ₹4,00,000/-       ₹1,20,120/-     ₹1,20,120/-
       for continuing                                     (No modification)
         permanent
          disability
9.     Compensation       ₹1,00,000/-        ₹75,000/-      ₹85,000/-
        for pain and




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          sufferings
10.        Future             ₹25,000/-            Nil                Nil
         treatment                                              (No modification)
         expenses
11.    Compensation       ₹1,00,000/-           ₹20,000/-        ₹45,000/-
        for loss of
       amenities and
       enjoyment in
            life
12.    Compensation           ₹50,000/-            Nil                 Nil
             for                                                (No modification)
        disfiguration
13.    Compensation       ₹5,00,000/-              Nil                 Nil
         for loss of                                            (No modification)
       earning power
14.    Compensation       ₹1,00,000/-              Nil                 Nil
         for short                                              (No modification)
       expectation of
            life
            Total         ₹14,38,000/-          ₹3,24,120/-       ₹4,05,620/-
        claim limited
       to ₹7,00,000/-

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹81,500/- (total

compensation ₹4,05,620/- that is, ₹3,24,120/- granted by the

Tribunal + ₹81,500/- granted in appeal) with interest at the rate of

8% per annum from the date of petition till date of realization

(excluding the period of 329 days delay in filing the appeal) and

proportionate costs. The second respondent/insurance company is

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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.