Kerala High Court
Rajesh vs Mr.S.Jayavel on 3 February, 2025
2025:KER:8717
MACA No.817/2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
MACA NO. 817 OF 2019
OPMV NO.99 OF 2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANT/PETITIONER:
RAJESH, AGED 30 YEARS
S/O. RAVEENDRAN, NAGATH HOUSE, POOKODE DESOM AND
VILLAGE, VATTANATHRA P.O, ALAGAPPANAGAR,
GRAMAPANCHAYATH, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADV V.BINOY RAM
RESPONDENTS/RESPONDENTS:
1 MR.S.JAYAVEL
S/O. SENGOTTUVEL, 191A, COLONY, PANNAITHOPPU, ATHANUR
P.O, RASIPURAM TALUK, NAMAKKAL, TAMIL NADU, PIN-636301.
2 MR.M PERIYASWAMI, S/O.MURUGESAN, 59 THATTANKUTTAI
PUDUR, THENGALPALAYAM P.O, RASIPURAM TALUK, ATHANUR
VILLAGE, NAMAKKAL DISTRICT, TAMIL NADU, PIN-636301.
3 THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO.LTD, 5-B/11, STATE BANK OF
INDIA, UPSTAIRS, SALEM MAIN ROAD, RASIPURAM, NAMAKKAL
DISTRICT, TAMIL NADU, PIN-637408.
BY ADVS.
SRI.AGINOV MATHAPPAN
SMT.K.SHERIN MOHAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 03.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:8717
MACA No.817/2019
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JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.99 of 2015 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The respondents herein were the respondents before the tribunal.
2. The case of the appellant/claimant is that on 21.10.2014, while he was riding a motorcycle bearing Reg.No.KL-08-AQ- 9688 through MC Road, a goods vehicle bearing Reg.No.TN-37-Z-1999 driven by the second respondent in a rash and negligent manner, hit the motorcycle ridden by him, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹5,00,000/-.
3. Respondents 1 and 2 remained ex parte before the tribunal. The 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 A15 were marked on the side of the appellant/claimant and Ext.X1 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 offending vehicle and awarded a sum of ₹13,03,700/- as compensation 2025:KER:8717 MACA No.817/2019 ..3..
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 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 though the appellant, a purchase manager, produced Ext.A10 certificate, which shows that he was earning ₹15,000/- per month, the tribunal has fixed the notional monthly income at ₹10,000/-, stating that Ext.A10 was not proved. The appellant also produced Ext.A11 identity card issued to him from Unique Associates, Thrissur.
On a perusal of the impugned award, it is seen that the appellant was a Purchase Manager and he lost his job due to the injuries sustained in the accident. Considering the afore facts and Exts.A10 & A11 documents, I find that the income notionally fixed by the tribunal is on the lower side. Therefore, I deem it appropriate to refix the notional monthly income of the appellant at ₹12,000/-.
5.2. Permanent disability - Since the notional monthly 2025:KER:8717 MACA No.817/2019 ..4..
income of the appellant is refixed at ₹12,000/-, compensation towards permanent disability has to be recalculated. The tribunal has added 40% of the income fixed towards future prospects. Thus, after adding 40% of the refixed income towards future prospects, the amount would be ₹16,800/- (12000 + 4800). Accordingly, 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 ₹11,99,520/- (16800 x 12 x 17 x 35%) towards permanent disability. Hence, there will be an additional amount of ₹1,99,920/- under this head.
5.3. Loss of earnings - Since the notional monthly income of the appellant is refixed at ₹12,000/-, compensation towards loss of earnings for a period of 10 months has to be recalculated, which would come to ₹1,20,000/-. Thus, the appellant will be entitled to get an additional compensation of ₹20,000/- towards loss of earnings after deducting the compensation of ₹1,00,000/- awarded by the tribunal.
5.4. Pain and suffering - The learned counsel for the appellant submits that the appellant sustained severe injuries in the accident, however, the tribunal awarded only ₹1,00,000/-, which is on the lower side. Considering the injuries sustained by him and the sufferings that he had undergone, I am inclined to grant an amount of 2025:KER:8717 MACA No.817/2019 ..5..
₹1,25,000/- to the appellant as total compensation towards pain and suffering. Thus, the appellant will be entitled to get an additional amount of ₹25,000/- as compensation towards pain and suffering.
5.5. Loss of amenities - Though the appellant claimed an amount of ₹1,00,000/- under this head, the tribunal awarded only an amount of ₹75,000/-, which, according to the appellant, is on the lower side. Considering the age of the appellant and also the fact that he sustained 35% disability, I deem it appropriate to award a total compensation of ₹1,00,000/- towards loss of amenities. Thus, the appellant will be entitled to get an additional amount of ₹25,000/- under this head.
5.6. Extra nourishment - The learned counsel for the appellant submits that though the appellant claimed an amount of ₹20,000/- under this head, the tribunal awarded only ₹2,000/-, which is on the lower side. Considering the fact that the appellant was bedridden for a long period due to the injuries sustained in the accident, I deem it appropriate to award a total compensation of ₹3,000/- towards extra nourishment. Since the tribunal already awarded an amount of ₹2,000/-, there will be additional compensation of ₹1,000/- under this head.
6. Though the appellant claimed enhancement of compensation under other heads as well, on a perusal of the records 2025:KER:8717 MACA No.817/2019 ..6..
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 80000 100000 20000 120000
2. Transportation 20000 3100 3100
expenses
3. Extra nourishment 20000 2000 1000 3000
4. Damage to 10000 1000 1000
clothing
5. Attendant 30000 3000 3000
expenses
6. Medical expenses 100000 20000 20000
7. Pain and suffering 100000 100000 25000 125000
8. Permanent 200000 999600 199920 1199520
disability
9. Loss of amenities 100000 75000 25000 100000
Total 660000 1303700 270920 1574620
limited
to
500000
Accordingly, the appeal is allowed in part and the appellant is awarded an additional compensation of ₹2,70,920/- (Rupees two lakh seventy thousand nine hundred and twenty only) over and above the compensation awarded by the tribunal with interest @ 8% per annum from the date of petition till realization and proportionate costs. The 2025:KER:8717 MACA No.817/2019 ..7..
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/-