Kerala High Court
Ansari.A vs The Manager on 6 March, 2025
MACA NO. 547 OF 2021 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
MACA NO. 547 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 13.10.2020 IN OPMV
NO.69 OF 2019 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT
CLAIMS TRIBUNAL ,KALPETTA
APPELLANT/PETITIONER:
ANSARI.A
AGED 34 YEARS
S/O. NASEEMA, ANSARI MANZIL, MARUTHUMMOODU,
PARANDODE POST, ARYANAD, THIRUVANANTHAPURAM 695
542, (NOW RESIDING A T KULIRMA QUARTERS, KANAL
ROAD, OPP. WMO ENGLISH MEDIUM SCHOOL, MUTTIL,
WAYANAD DISTRICT.
BY ADV CELINE JOSEPH
RESPONDENT/RESPONDENT NO.3:
THE MANAGER
UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE,
KALPETTA, PINANGODE ROAD, JUNCTION, MAIN ROAD,
KALPETTA 673 121.
BY ADV SMT.SMITHA S.PILLAI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN COME UP
FOR HEARING ON 06.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA NO. 547 OF 2021 2
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JUDGMENT
The appeal is preferred against the award passed by
the Motor Accident Claims Tribunal, Kalpetta in O.P.(MV).No.69 of
2019.
2. The brief facts for disposal of the said appeal is as follows;
The appellant, a painter by profession met with a road
traffic accident on 28.04.2018, while travelling as a pillion rider on
scooter bearing registration No.KL-12-K-6487 from Kalpetta to
Muttil and when reached at Kainatty junction, a car bearing
registration No.KL-12-9100 driven from Mananthavadi side in a
rash and negligent manner, hit against the motor cycle. As a
result of the accident, the claimant sustained severe injuries and
was treated as an inpatient for fourteen days. The claimant
contended that he was drawing a monthly income of Rs. 30,000/-
and in support of his contention produced Exts. A1 to A8
documents. The claimant was also examined by a medical board
and Ext.C1 was marked as the report which assessed the disability
at 13%. The Tribunal on appreciation of facts and evidence found
that the claimant was not successful in proving the monthly
income and therefore, proceeded to fix the monthly income at
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Rs. 11,500/- and increased the functional disability at 15% and
granted the following compensation;
Amount
Sl Amount
Head of claim awarded in Basis
No. claimed in ₹
₹
Part I
a. ₹11500 x 4
Loss of earning 3,60,000/- 46,000/-
months
b. Partial loss of
Nil Nil
earning
c. Transport to
25,000/- 7,500/-
hospital
d. Extra nourishment 50,000/- 3,000/-
e. Damage to clothing
2,500/- 3,000/-
and articles
f. Others:
2,50,000/- 10,014/-
(i)Compensation for
treatment and
medicine
(ii)Bystander's 300 x 14
1,00,000/- 4,200/-
expense days
Part II
h. Compensation for Nature of
1,00,000/- 50,000/-
pain and suffering injuries
I. Physical and mental
25,000/- Nil
shock
j. Compensation for
50,000/- Nil
expectation of life
k. Compensation for
continuing/
1,50,000/- Nil
permanent
disability
Compensation for
j. loss of earning 50,000/- 3,31,200
power
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Compensation for
k. 50,000/- 10,000/-
loss of amenities
Inconvenience,
hardship,
discomfort,
1,00,000/- Nil
disappointment,
frustration and
mental stress in life
Future treatment 1,00,000/- Nil
₹14,12,500/- ₹4,64,914/-
claim is rounded
Total
limited to upto
₹4,00,000/- ₹4,64,950/-
3. Aggrieved by the insufficiency in the grant of
compensation, the appellant has approached this Court in the
present appeal.
4. Heard Smt.Archana V.S., the learned counsel appearing
for the appellant and Smt.Smitha S.Pillai, the learned counsel
appearing for the insurance company.
5. On a consideration of the rival submissions raised across
the bar, this Court is of the view that the finding of the Tribunal in
fixing the notional income of the appellant at Rs. 11,500/- cannot
be sustained. In Angad Tiwari v. National Insurance
Company Ltd. (Civil Appeal No.10950 of 2024) [2024 KHC
8590] the Hon'ble Supreme Court held that while fixing the
income, the Tribunal and the Courts shall not fix the same below
that of the minimum wage.
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6. In view of the G.O(P).No.56/2017/Fin. dated 28.04.2017,
the State of Kerala has issued the notification under the provisions
of the minimum wages Act that fixes the minimum wage of a
painter at Rs. 17,325/-. Therefore, this Court is of the view that
the appellant is entitled to have his monthly income fixed at Rs.
17,325/-.
7. The claim of the appellant for enhancement under the
non-conventional heads is also liable to be considered on a
reasonable basis. Hence, this Court is of the considered view that
the appellant is entitled to succeed and thus the appeal is allowed
as follows;
(a) The monthly of the appellant is fixed at Rs. 17,325/-
(b) Loss of earnings : Rs. 57,950/- (Rs. 17,325/- x 6 - Rs.
46,000/-)
(c) Bystander expenses : Rs. 2,800/- (Rs. 500/- x 14 - Rs.
4,200/-)
(d) Compensation for loss of amenities : Rs. 25,000/- (Rs.
35,000/- -Rs. 10,000/-)
(e) Compensation for loss of earning power/permanent
disability : Rs. 1,67,760/- (Rs. 17,325/-x 12 x 16 x
15/100- Rs. 3,31,200/- )
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Thus, the appellant is entitled for a total amount of
Rs. 2,53,510/- (Rupees Two Lakhs Fifty Three
Thousand Five Hundred and Ten only) as enhanced
compensation. The said amount shall carry interest at 8%
per annum from 18.02.2019 till realisation with proportionate
cost. The insurance company shall deposit the same within a
period of two months from the date of receipt of copy of this
judgment.
The appeal is ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
ANS
