High Court of KeralaSingle JudgeAppeal allowed; enhanced compensation; 2nd resp...

A.V. Rajappan Pillai @ A.V.Rajan v. G.K. Antony; Joy (deleted) and National Insurance Company Limited

Case / Petition Number:MACA.No.1205/2008

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2019-01-15
Court Decision / Holding
Appeal allowed. The Tribunal’s award is enhanced by adopting Rs.4500 monthly income (2003), accepting 11% disability as functional, and applying a multiplier of 14 (not 15) due to age, resulting in a total enhanced compensation of Rs.1,66,430. The 2nd respondent is deleted; the Insurance Company is directed to credit the amount via NEFT/RTGS within two months from receipt of a certified copy of the judgment, with interest from the date of application and costs, if any, as awarded by the Tribunal.
Final Disposition
Appeal allowed; enhanced compensation; 2nd respondent deleted; payment within two months with NEFT/RTGS; costs as awarded by Tribunal.

Parties to the Case

Appellants / Petitioners

  • A.V.Rajappan Pillai @ A.V.Rajan

Respondents

  • G.K. Antony
  • Joy (deleted)
  • National Insurance Company Limited

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. Abu Mathew
  • • Sri. Aju Mathew

Counsels for Respondents

  • • Sri. P.G. Jayashankar
  • • Sri. Linta Varghese
  • • Sri. P. Jayasankar

Case Synopsis & Summary

This Motor Accident Claims Appeal (MACA.No.1205/2008) arises from a claim for compensation under the Motor Accidents Claims Tribunal for injuries sustained by the appellant while travelling in an autorickshaw in 2003. The Tribunal held the 1st respondent owner and the 2nd respondent driver liable, while the 2nd respondent was later deleted from the proceedings on account of the comprehensive policy admitted. The Tribunal fixed the appellant’s monthly income at Rs.2500 for 2003, accepted a disability of 11% and applied a multiplier of 15, resulting in substantial compensation under various heads (loss of earning, medical expenses, transport, clothing, pain and suffering, nourishment, and disability). The court noted the appellant’s claim to be a driver by vocation but found no production of vocational proof, and thus considered whether higher income could be justified. Relying on Ramachandrappa (AIR SC 2951), the court held that the monthly income could be treated as Rs.4500 in 2003. It also considered the 11% disability as functional disability and, applying the Sarla Verma multiplier principle, reduced the multiplier to 14 due to the appellant’s age (44). On this basis, the court enhanced various heads, culminating in a total of Rs.1,66,430, and directed payment within two months with NEFT/RTGS; costs to follow the appeal. The appeal was allowed, and the 2nd respondent remained deleted from the proceedings.

Legal Doctrines & Maxims

  • Multiplier principle for computing compensation (Sarla Verma v. Delhi Transport Corporation)
  • Just compensation need not be confined to the claim raised (Rajesh v. Rajbir Singh)
  • Use of Ramachandrappa for monthly income (Rs.4500 in 2003)
  • Pranay Sethi guidance on enhanced heads of damages (2017)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends for enhancement of the Tribunal’s award. He asserts that his occupation as a driver warrants a higher monthly income; relying on the Supreme Court’s Ramachandrappa ruling, Rs.4500 per month should be treated as the income in 2003. He supports disability at 11% as a whole-body impairment, with multiplier adjustment from 15 to 14 due to age (44), in light of Sarla Verma. He references the enabling principles from Rajesh v. Rajbir Singh to justify awards beyond the claimed heads and cites Pranay Sethi for higher compensatory heads. The evidence, including Ext.A5–A7 (wound certificate, discharge summary and disability certificate), supports functional disability and sustained loss of earning. The appellant seeks an overall higher award and prompt payment with interest.

Contentions of Respondents

The respondent Insurance Company argues that the claim is capped at Rs.1,20,000 per the application, invoking Rajesh v. Rajbir Singh to emphasize that courts can fashion just compensation beyond claimed amounts in light of evolving jurisprudence. It contends no conclusive proof exists of vocational income beyond the recorded amount, and challenges the disability assessment. It relies on established case law to limit liability and to ensure proper computation under the policy terms.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Ltd.(2011) AIR SC 2951PositiveUsed to justify treating the claimant’s monthly income as Rs.4500 in 2003.
Sarla Verma and others v. Delhi Transport Corporation and others(2010) 2 KLT 802PositiveUsed to apply the multiplier rule and reduce the multiplier from 15 to 14 due to age.
Rajesh v. Rajbir Singh2013 (3) KLT 89 (SC)PositivePrinciple that just compensation may exceed the amount claimed.
National Insurance Company Ltd. v. Pranay Sethi and Others(2017) (5) KHC 350PositiveGuidance on enhanced heads of damages and larger compensation.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940** **MACA.No. 1205 of 2008** **AGAINST THE AWARD IN OPMV 1376/2003 of M.A.C.T.,PERUMBAVOOR DATED 24-11-2007** ## **APPELLANT/S:** **A.V.RAJAPPAN PILLAI @ A.V.RAJAN AGED 59 YEARS S/O.VELAYUDHAN NAIR, THANAMKIDANGSSERY HOUSE,, PALLIPPURAM KARA, MARAMPILLY,, KUMMATHNAD TALUK, ERNAKULAM DISTIRCT.** **BY ADVS. SRI.ABU MATHEW SRI.AJU MATHEW** ## **RESPONDENT/S:** **1 G.K.ANTONY, S/O.LELLAMMA, GOPURATHINGAL HOUSE, THAIKKATTUKARA,, CHOORNIKKARA, ALUVA P.O., 683 101. *2 JOY S/O.DEVASSY KAYANATTU HOUSE, THOTTAKKATTUKARA, ALUVA. *(2ND RESPONDENT IS DELETED VIDE THE ORDER IN I.A NO. 1/2018, DATED 15.01.2019) 3 M/S.NATIONAL INSURANCE COMPANY LIMITED MULLAPPILLY BUILDING, A.M.ROAD, PERUMBAVOOR- 683 542.** **BY ADVS. SRI.P.G.JAYASHANKAR SMT.LINTA VARGHESE SRI.P.JAYASANKAR** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA No.1205/2008 ::2:: ## **J U D G M E N T** **The appellant injured was traveling in an autorickshaw when it met with an accident due to the alleged negligence of the 2[nd] respondent, the driver of the autorickshaw. The 1[st] respondent is the owner of the autorickshaw. Both the 1[st] and 2[nd] respondents remained ex-parte before the Tribunal. In the appeal also the 2[nd] respondent has not been served. The appellant has filed an application for deleting the 2[nd] respondent for reason of the policy having been admitted; that too a comprehensive policy. In such circumstances, the 2[nd] respondent is deleted. The appeal survives only for enhancement of compensation.** **2. The appellant was 44 years old when the accident occurred and he asserted that he is a driver by profession. Nothing is produced to prove the vocation. The Tribunal took the monthly income** MACA No.1205/2008 ::3:: **at Rs.2500/- in the year 2003 the year of occurrence. Considering the fact that there was no serious challenge to the claim of the appellant that he was a driver, the reasonableness of the monthly income fixed by the Tribunal has to be looked into. In the year 2004, the Hon'ble Supreme Court has adopted the monthly income of a coolie as Rs.4500/- in** _**Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) AIR SC 2951].**_ **In such circumstances, at any rate in the year 2003, the appellant also be treated as having a monthly income of Rs.4500/- per month.** **3. Ext.A5 is the wound certificate issued by the hospital in which the appellant was admitted at first. The appellant had suffered extensive lacerated wound on dorsum of left foot 20x10x2 cm and extensive skin loss and the tendons of left foot were exposed. X-ray of left foot was taken and it showed no bony injuries. Ext.A6 is the** MACA No.1205/2008 ::4:: **discharge summary which shows degloving injury over dorsum of left foot and he was discharged on 15.07.2003. The medical bills produced were allowed almost to the full extent. The Tribunal found that the claimant would have suffered total incapacitation for three months and awarded loss of earnings on the basis of the monthly income fixed. Ext.A7 is a disability certificate issued by an Orthopedic Surgeon attached to the Taluk Head Quarters, Muvattupuzha which stated that the appellant had partial ankylosis of left ankle, flap cover oedema and post traumatic stiffness of 2, 3, 4 and 5[th] toes of left foot and a permanent disability of 11% was assessed.** **4. The Tribunal found that nowhere in the certificate it is stated that the appellant had suffered 11% disability for the whole body. The Doctor was examined as PW1. The Doctor's evidence was disbelieved and the disability was fixed at 4%.** MACA No.1205/2008 **==> picture [20 x 9] intentionally omitted <==** **Multiplier was applied at 15. Based on** _**Sarla Verma and others v. Delhi Transport Corporation and others [(2010) 2 KLT 802]**_ **multiplier has to be reduced to 14, for reason of the appellant being 44 years of age.** **5. The Doctor in his deposition has clearly stated that “the degree of permanent disability is assessed on 11% which affects the whole body”. There is no serious challenge to the disability as assessed, categorically deposed by the Doctor, in cross examination. Especially considering the fact that the appellant had asserted himself to be carrying on his vocation as a driver and looking at the stiffness of the toes the accident has resulted in, this Court is of the opinion that 11% disability can be accepted as the functional disability. In such circumstances the following enhancement shall be granted.** ## MACA No.1205/2008 ::6:: |**Sl.**<br>**No.**|**Head of Claim**|**Amount**<br>**awarded by**<br>**the Tribunal**<br>`|**Total amount**<br>**after**<br>**enhancement**<br>**in appeal**<br>`| |---|---|---|---| |**1**|**Loss of earning**|**7500**|**13500**<br>**(4500*3)**| |**2**|**Medical Expenses**|**24220**|**24220**| |**3**|**By stander expense**|**--**|**2800**<br>**(28*100)**| |**4**|**Transportation**<br>**Expenses**|**1000**|**2500**| |**5**|**Damage to clothing**|**250**|**250**| |**6**|**Pain and suffering**|**12000**|**25000**| |**7**|**Extra nourishment**|**1000**|**5000**| |**8**|**Disability**|**18000**|**83160**<br>**(4500*12*14*11/100)**| |**9**|**Loss of amenities**|**8000**|**10000**| |**10**|**Disfiguration and**<br>**discomfort**|**2000**|**--**| ||**Total**|**73970**|**166430**| ## **6. The learned Counsel for the Insurance** **Company argued that the claim was limited to Rs.1,20,000/- in the claim application. The principle as enunciated in** _**Rajesh v. Rajbir Singh [2013 (3) KLT 89 (SC)]**_ **is that when just compensation is awarded by the Court, it need not** MACA No.1205/2008 ::7:: **necessarily confine itself to the claim raised by the injured. It is also to be noticed that over the years there have been modifications and enhancements made, by reason of the judgments of this Court and the Hon’ble Supreme Court. The amounts claimed under the various heads often is based on judgments as available at the time when the claim is filed. The present enhancement has been granted on the basis of the judgment in** _**Ramachandrappa (supra)**_ **and** _**National Insurance Company Ltd. v. Pranay Sethi and Others [2017 (5) KHC 350]**_ **, wherein there was considerable increase of amounts awarded from that earlier considered as just compensation.** **7. The amounts awarded as above, after deducting what has already been paid, shall be paid within two months from the date of receipt of a certified copy of this judgment with interest from the date of application and costs, if any, as** MACA No.1205/2008 ::8:: **awarded by the Tribunal. The appellant shall produce a copy of a canceled cheque of the bank account in his name with copy of AADHAAR or acceptable identification, before the Tribunal within one month, with copy to the Insurance Company. The Insurance Company shall credit the amounts through NEFT/RTGS mode to the said account, failing which the applicant-claimant can approach the Tribunal.** **The appeal would stand allowed. Parties are left to suffer their respective costs, in the appeal.** **Sd/-** **K. Vinod Chandran, Judge** **jma**