Kerala High Court
Sajeevan.T.K vs Alias.T.P on 23 May, 2025
2025:KER:36176
MACA No.2587/2014
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 23RD DAY OF MAY 2025 / 2ND JYAISHTA, 1947
MACA NO. 2587 OF 2014
OPMV NO.276 OF 2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA
APPELLANT/PETITIONER:
SAJEEVAN.T.K., S/O.THANKAPPAN, KURINJIPURAYIDATHIL
VEEDE, POTTANKAD P.O., PALLIVAZAL VILLAGE, DEVIKULAM
TALUK, IDUKKI, PIN: 685 569.
BY ADV SRI.M.K.THANKAPPAN
RESPONDENTS/RESPONDENTS:
1 ALIAS.T.P., AGED 62 YEARS
S/O.PATHROSE T.M., THENUNKAL HOUSE, NENMENI P.O.,
S.BATHERY, WAYANAD DISTRICT, PIN: 673 592.
2 EAPEN T.P., S/O.PATHROSE, THENUMKAL HOUSE, NENMENI
P.O., KOLIYADI, S.BATHERI, WAYANAD, PIN: 673 592.
3 BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD.,
CALICUT, PIN: 673 001.
BY ADVS. N.ANAND
K.B.RAMANAND
ARUN AJAY SHANKAR
JIKKU SEBAN GEORGE
OTHER PRESENT:
SMT. DHANYA BABU M.B
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 23.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:36176
MACA No.2587/2014
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JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.276 of
2012 on the file of the Motor Accidents Claims Tribunal, Wayanad. The
respondents herein were the respondents before the tribunal.
2. The case of the appellant/claimant is that on
14.04.2011, while he was driving a maruti van bearing Reg.No.KL-
17/4350 from Bathery to Pattavayal, a jeep bearing Reg.No.KL-
12B/5248 driven by the first respondent in a rash and negligent manner,
hit against the motorcycle ridden by him, whereby he sustained serious
injuries. He approached the tribunal claiming a total compensation of
₹2,00,000/-.
3. Respondents 1 and 2 appeared before the tribunal. The
third respondent insurer filed a written statement, admitting the policy
coverage for the offending vehicle, but disputing the liability and
quantum of compensation claimed. Before the tribunal, Exts.A1 to A10
were marked on the side of the appellant/claimant and Ext.C1 as court
exhibit. No evidence was adduced by the respondents. The tribunal,
after analysing the pleadings and materials on record, held that the
accident took place on account of the negligence of the driver of the
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offending vehicle and awarded a sum of ₹99,319/- as compensation
under different heads against the third respondent being the insurer.
Dissatisfied with the quantum of compensation awarded by the tribunal,
the claimant has come up in appeal.
4. I have heard the learned counsel for the appellant; the
learned counsel for respondents 1 & 2; and the learned Standing
Counsel for the respondent insurer.
5. The learned counsel for the appellant claims
enhancement under the following heads:
5.1. Notional income - The learned counsel for the appellant
submits that the appellant was a checking contractor in a mill at Tamil
Nadu and was earning a monthly income of ₹30,000/-, however, the
tribunal has fixed the notional monthly income of the appellant only at
₹5,000/-. Admittedly, no document was produced by the appellant to
prove income or avocation. However, as per the judgment in
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance
Company Ltd. [(2011) 13 SCC 236], the notional monthly income of the
appellant ought to have been fixed at ₹8,000/-. Accordingly, following
the judgment in Ramachandrappa (supra), I deem it appropriate to refix
the notional monthly income of the appellant at ₹8,000/-.
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5.2. Loss of earnings - The learning counsel for the
appellant submits that due to the injuries sustained in the accident, the
appellant could not go for work for almost six months, however, the
tribunal has taken only a period of three months for awarding
compensation towards loss of earnings. It is seen that the appellant
sustained severe injuries including fracture of tibia. Considering the
nature of injuries sustained and the age of the appellant, I am of the
opinion that four months can be taken for awarding compensation for
loss of earnings. Accordingly, the appellant will be entitled to get a total
compensation of ₹32,000/- (8000 x 4) under this head. Since the tribunal
has already awarded an amount of ₹15,000/-, there will be an additional
compensation of ₹17,000/- towards loss of earnings.
5.3. Pain and suffering - The learned counsel for the
appellant submits that though the appellant claimed ₹50,000/- towards
pain and suffering, the tribunal awarded only ₹10,000/-. Considering the
injuries sustained by him and the sufferings that he had undergone, I
am inclined to grant an amount of ₹30,000/- to the appellant as total
compensation towards pain and suffering. Thus, the appellant will be
entitled to get an additional amount of ₹20,000/- as compensation
towards pain and suffering.
5.4. Permanent disability - Since the monthly income of the
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appellant is refixed at ₹8,000/-, compensation towards permanent
disability has to be recalculated. Thus, following the judgments in
National Insurance Co. Ltd. v. Pranay Sethi [2017(4) KLT 662(SC)] and
Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802(SC)], the
appellant will be entitled to get a total compensation of ₹72,000/- (8000
x 12 x 15 x 5%) towards permanent disability. Hence, there will be an
additional amount of ₹27,000/- under the head of permanent disability.
5.5. Loss of amenities - The learned counsel for the
appellant submits that the tribunal awarded only an amount of ₹5,000/-,
which is on the lower side. Considering the injuries sustained by the
appellant, I deem it appropriate to award a total compensation of
₹30,000/- towards loss of amenities. Thus, the appellant will be entitled
to get an additional amount of ₹25,000/- towards loss of amenities.
5.6. Bystander expenses - The learned counsel for the
appellant submits that the appellant was awarded compensation
towards bystander's expenses only @ ₹150/- per day for 14 days, which
is on the lower side. Considering the fact that the accident was in the
year 2011, I deem it appropriate to award compensation towards
bystander's expenses @ ₹300/- per day. Thus, he will be entitled to get a
total compensation of ₹4,200/- (300 x 14) towards bystander expenses.
Since the tribunal already awarded an amount of ₹2,100/-, there will be
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an additional compensation of ₹2,100/- under this head.
6. Though the appellant claimed enhancement of
compensation under other heads as well, on a perusal of the records
available and the impugned award, I am not inclined to interfere with
the same since it appears to be just and reasonable. Thus, the impugned
award of the tribunal is modified as follows:
Sl.
No. Head of Claim Amount Amount Modified Total
claimed awarded in appeal compensation
(in ₹) by the (in ₹) (in ₹)
tribunal
(in ₹)
1. Loss of earnings 100000 15000 17000 32000
2. Medical & 50000 19219 19219
miscellaneous
expenses
3. Bystander 10000 2100 2100 4200
expenses
4. Transportation 5000 1000 1000
expenses
5. Extra nourishment 5000 1000 1000
6. Damage to 1000 1000 1000
clothing
7. Pain & suffering 50000 10000 20000 30000
8. Permanent 50000 45000 27000 72000
disability
9. Loss of amenities 10000 5000 25000 30000
10. Loss of earning 50000
power
11. Mental shock and 25000
agony
Total 356000 99319 91100 190419
limited
to
200000
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Accordingly, the appeal is allowed in part and the appellant is
awarded an additional compensation of ₹91,100/- (Rupees ninety one
thousand and one hundred only) over and above the compensation
awarded by the tribunal with interest @ 9% per annum from the date of
petition till realization and proportionate costs. The respondent insurer
shall deposit the said amount together with interest and costs within a
period of two months from the date of receipt of a certified copy of this
judgment. The appellant shall furnish copies of the PAN Card,
AADHAAR Card and bank details before the respondent insurer within a
period of one month so as to enable the insurance company to make the
deposit as ordered above. In case of failure to furnish details as above, it
shall be open for the insurance company to deposit the said amount
before the tribunal. Upon such deposit being made, the entire amount
shall be disbursed to the appellant at the earliest in accordance with
law.
SD/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
