Jacob vs The Divisional Manager on 31 January, 2026

MACA NO. 1746 OF 2016

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                                                  2026:KER:8241

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
   SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
                      MACA NO. 1746 OF 2016
AGAINST THE AWARD DATED 30.03.2015 IN OP(MV) NO.1199 OF 2010 OF
             MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM

APPELLANT/PETITIONER :-

           JACOB, AGED 64 YEARS
           S/O.GEEVARGHESE, PUTHENVILA KIZHAKKATHIL,
           THRIPPALAZHIKAM MURI, EZHUKONE VILLAGE,
           KOLLAM DISTRICT.

           BY ADVS.
           SHRI.PRATHEESH.P
           SMT.RENY ANTO

RESPONDENT/3RD RESPONDENT :-

           THE DIVISIONAL MANAGER
           M/S.NATIONAL INSURANCE CO. LTD.,
           KOTTARAKKARA BRANCH, KOLLAM-691 532.


           BY ADV SHRI.P.JACOB MATHEW

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA NO. 1746 OF 2016

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                                                     2026:KER:8241

                           JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1199 of 2010 on

the file of the Motor Accidents Claims Tribunal, Kollam, claiming

enhancement of compensation. The respondent herein was the third

respondent before the tribunal.

2. According to the claimant, on 09.01.2010 at about 10.30 am,

while the claimant was riding the motorcycle bearing registration

No.KL-2Y-259, a mini lorry bearing registration No.KL-7B-8685,

driven by the 2nd respondent in a rash and negligent manner, hit

against the motorcycle. As a result of the accident, the claimant

sustained serious injuries. The claimant approached the tribunal

claiming compensation of ₹2,00,000/-.

3. The first and second respondents/owner and driver of the

offending vehicle remained ex parte before the tribunal. The 3 rd

respondent/insurer filed a written statement admitting the validity

of the policy but disputing the quantum of compensation claimed

and denying liability. Before the tribunal, PW1 was examined, and

Exts.A1 to A8, Ext.C1 and Ext.X1 were marked. The tribunal, after

analysing the pleadings and materials on record, awarded a sum of MACA NO. 1746 OF 2016

2026:KER:8241

₹72,112/- with interest at 9% per annum as compensation under

various heads against the 3 rd respondent/insurer of the offending

vehicle. Dissatisfied with the quantum of compensation awarded by

the tribunal, the claimant has come up in appeal.

4. Heard the learned counsel for the appellant/claimant and

the learned standing counsel appearing for the

respondent/insurance company.

5. The learned counsel for the appellant claims enhancement

mainly under the following heads:-

Notional income:- The learned counsel for the appellant

submitted that though an amount of ₹7,000/- was claimed, the

tribunal had taken ₹5,000/- as the income of the injured , who was a

small-scale businessman. It is further submitted that, going by the

judgment in Ramachandrappa v. Manager, Royal Sundaram

Alliance Insurance Co. Ltd. [2011 (13) SCC 236], the income of a

Coolie, for an accident in 2010, is fixed as ₹7,500/- and sought for

enhancement of income. Following the judgment in

Ramachandrappa (supra), in order to award just and reasonable

compensation, I find it appropriate to fix the income at ₹7,500/-.

Loss of earnings:- On a perusal of the award, it is seen that

the tribunal has awarded compensation for loss of earnings for a MACA NO. 1746 OF 2016

2026:KER:8241

period of two months. The appellant had sustained loss of tooth

upper jaw and lacerated wound right leg 3x1x1 cm. Considering the

nature of injuries sustained as well as the age of the appellant, I find

that a period of seven months can be taken for awarding

compensation under the afore head. Since the monthly income has

been re-fixed as ₹7,500/-, the compensation payable for loss of

earnings for a period of seven months is re-calculated as thus

₹52,500/- (7,500x7). The tribunal has awarded an amount of

₹10,000/- under the afore head. Thus, there will be an additional

amount of ₹42,500/- towards loss of earnings.

Loss of amenities:- The learned counsel for the appellant

submitted that though an amount of ₹10,000/- was claimed, the

tribunal has awarded only an amount of ₹7,200/- under the head loss

of amenities. Considering the age of the appellant as well as the loss

of enjoyment in life, I find that a total amount of ₹30,000/- can be

granted towards loss of amenities. Thus, there will be an additional

amount of ₹22,800/- under the afore head.

Pain and sufferings:- The learned counsel for the appellant

submitted that though an amount of ₹40,000/- was claimed, the

tribunal has awarded only an amount of ₹25,000/- under the head

pain and sufferings. Considering the age of the appellant as well as MACA NO. 1746 OF 2016

2026:KER:8241

the nature of injuries sustained, I find that a total amount of

₹40,000/- can be granted towards pain and suffering. Thus, there

will be an additional amount of ₹15,000/- under the afore head.

Extra nourishment:- The learned counsel for the appellant

submitted that though an amount of ₹4,000/- was claimed, the

tribunal has awarded only an amount of ₹200/- under the head extra

nourishment. Considering the nature of injuries as well as the period

of hospitalization, I find that a consolidated amount of ₹4,000/- can

be granted towards extra nourishment. Thus, there will be an

additional amount of ₹3,800/- under the afore head.

Permanent disability/loss of earning power:- Since the

monthly income has been refixed as ₹7,500/-, 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 compensation payable for

permanent disability is recalculated as: ₹32,400/- (7,500x12x9x4%)

towards permanent disability. The tribunal has awarded an amount

of ₹21,600/- under the head permanent disability. Thus, there will be

an additional amount of ₹10,800/- under the afore head.

Future treatment:- The learned counsel for the appellant

submitted that though an amount of ₹12,000/- was claimed, the MACA NO. 1746 OF 2016

2026:KER:8241

tribunal has not granted any compensation under the afore head.

Considering the fact that the claimant had lost 27 teeth, I find it

appropriate to award an amount of ₹12,000/- under the head of

future treatment, which shall carry interest only from the date of the

award.

6. Though the appellant claimed enhancement of compensation

under the other heads, on a perusal of the records available, I am

not inclined to interfere with the compensation awarded by the

tribunal under other heads since it appears to be just and

reasonable. Since the appeal is of the year 2016, I find it

appropriate to fix the interest @7% per annum on the enhanced

amount.

7. Thus, the impugned award of the tribunal is modified as

follows:-

Sl.

No     Head of Claim      Amount      Amount      Modified in       Total
                          claimed    awarded by    appeal        compensation
                                         the
                                      tribunal


1     Loss of earnings     21,000       10,000      42,500          52,500


2     Transportation to    3,000        3,000        (not            3,000
      hospital                                     modified)

3     Extra nourishment    4,000         200         3,800           4,000
      MACA NO. 1746 OF 2016




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     clothing and                                      modified)
     articles

     expenses                                          modified)

6    Medicine              7,000         4,212           (not             4,212
                                                       modified)

7    Pain and             40,000         25,000         15,000           40,000
     sufferings
8    Permanent            97,000         21,600         10,800           32,400
     disability/loss of
     earning power


9    Loss of amenities    10,000         7,200          22,800           30,000

10   Future treatment     12,000              -         12,000           12,000

     TOTAL                2,00,000       72,112        1,06,900          1,79,012




           Accordingly,   the   appeal   is       allowed   in   part,   and      the

appellant/claimant is awarded an additional amount of ₹1,06,900/-

(Rupees one lakh six thousand nine hundred only) over and above

the amount awarded by the tribunal. The additional compensation

awarded in appeal, except the amount of ₹12,000/- towards future

treatment, will carry interest @ 7% per annum from the date of

petition till realization. The amount of ₹12,000/- awarded towards

future treatment will carry interest @ 7% per annum from the date

of the impugned award till realization. The respondent insurer shall MACA NO. 1746 OF 2016

2026:KER:8241

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 claimant shall furnish copies of the PAN Card,

ADHAAR 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. However, it is made clear that

the enhanced compensation will not carry interest for the period of

delay of 346 days in filing the appeal.