High Court of KeralaSingle Judge2024-06-26The appeal is allowed in part; enhanced total c...

Jobin M. Abraham Elayasseril v. Ajayan V.T, Surendan V.S and Future General India Insurance Co. Ltd

Case / Petition Number:MACA NO. 3690 OF 2019

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Shoba Annamma Eapen
Judgment Date: 2024-06-26
Court Decision / Holding: Appeal allowed in part. The High Court modified the tribunal’s award, fixing a notional monthly income of Rs.15,000, increasing loss of earnings to Rs.60,000 ( Rs.15,000 × 4), raising bystander expenses to Rs.3,300, increasing loss of amenities to Rs.30,000, and retaining other heads with an overall revised compensation of Rs.5,97,980. The claim is directed to receive an additional Rs.2,13,750 over the tribunal’s amount, with interest at 8% per annum from the date of petition till realization and proportionate costs. The insurer is directed to deposit the sum within two months, and the claimant must provide PAN, Aadhaar, and bank details for deposit.
Final Disposition: The appeal is allowed in part; enhanced total compensation awarded (Rs.5,97,980) with interest at 8% p.a. and costs; deposit and identification/document requirements imposed.

Parties to the Case

Appellants / Petitioners

JOBIN.M.ABRAHAM ELAYASSERIL HOUSE,VALLAMKULAM.P.O, ERAVIPEROOR VILLAGE,THIRUVALLA TALUK.

Respondents

Ajayan.V.T S/O SIVAN.V.V,KEEZHHOLICKAL MEPRATHU,MUTTUMON.P.O, PULLADU KOIPURAM VILLAGE, THIRUVALLA TALUK,PIN-689547
SURENDRAN.V.S, VALAKATHIL HOUSE,ERAVIPEROOR.P.O, THIRUVALLA,PIN-689542
MANAGER, FUTURE GENERAL INDIA INSURANCE CO.LTD,8TH FLOOR, CARMEL TOWER, COTTONHILL POST,VAZHUTHACAUD, TRIVANDRUM,PIN-695014

Legal Representation & Advocates

Counsels for Petitioners

• T.K.KOSHY
• SRI.SABU I.KOSHY
• SMT.SNEHA SUKUMARAN MULLAKKAL

Counsels for Respondents

• SRI.THOMAS M.JACOB - R3

Case Synopsis & Summary

This Motor Accident Claims Appeal (MACA No. 3690 of 2019) from the Kerala High Court arises from an award of Rs.3,84,230 by the Motor Accidents Claims Tribunal, Pathanamthitta, in O.P. (MV) No.1276 of 2015, in which the claimant sustained injuries after a car driven by the 1st respondent collided with his motorcycle on 20.07.2015. The tribunal awarded compensation to the claimant and interest at 9% per annum but the appellant sought higher quantum, totaling Rs.29,00,250, contending higher notional income and longer loss of earnings, along with larger sums for bystander expenses, medical expenses, pain and suffering, loss of amenities and permanent disability. The insurer contested, arguing Ext.A15 (salary certificate) was not conclusively proved and invoking Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. (AIR 2011 SC 2951) to support a lower notional income of Rs.10,500 per month. The Kerala High Court, while accepting Ext.A15 as not fully proved, and considering the claimant’s B.Tech qualification, fixed the notional monthly income at Rs.15,000. It recalculated loss of earnings (four months), bystander expenses ( Rs.3,300), loss of amenities ( Rs.30,000) and fixed permanent disability at 12%, resulting in a revised total. The court allowed the appeal in part, awarding an additional Rs.2,13,750 over the tribunal’s award, with interest at 8% p.a. from the petition date and costs, directing deposit within two months and provision of PAN/Aadhaar and bank details to effect payment. The final total amounts to Rs.5,97,980.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant/claimant contends for enhancement of compensation on multiple heads, arguing higher notional income and extended loss of earnings. He points to Ext.A15 showing a salary of Rs.25,000 per month and, relying on Ramachandrappa (AIR 2011 SC 2951), contends the notional income should be Rs.10,500 per month; however, given the claimant’s B.Tech qualification, the court fixes Rs.15,000 per month as notional income. He submits four months’ loss of earnings, higher bystander expenses, enhanced medical and other heads, and a higher permanent disability percentage should be adopted.

Contentions of Respondents

The insurer contends Ext.A15 was not adequately proven and cites Ramachandrappa to argue a notional income of Rs.10,500 per month; it submits the tribunal’s award is reasonable and that no interference is warranted in other heads. It emphasizes the lack of conclusive evidence for higher earnings and argues for adherence to established ratios unless proven otherwise.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited	AIR 2011 SC 2951	Partly Overruled / Limited	Cited to justify a notional income of Rs.10,500 per month; however, the court ultimately fixes Rs.15,000 per month due to the claimant’s qualifications, thus not fully following the cited decision.

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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 MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 26[TH] DAY OF JUNE 2024 / 5TH ASHADHA, 1946 ``` ## **`MACA NO. 3690 OF 2019`** ``` AGAINST THE AWARD DATED 26.03.2019 IN O.P (MV) NO.1276 OF 2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA ``` ## **`APPELLANT/PETITIONER :-`** ## **`JOBIN.M.ABRAHAM ELAYASSERIL HOUSE,VALLAMKULAM.P.O, ERAVIPEROOR VILLAGE,THIRUVALLA TALUK.`** ``` BY ADVS. T.K.KOSHY SRI.SABU I.KOSHY SMT.SNEHA SUKUMARAN MULLAKKAL ``` ## **`RESPONDENTS/RESPONDENTS 1 TO 3 :`** - **`1 AJAYAN.V.T S/O SIVAN.V.V,KEEZHHOLICKAL MEPRATHU,MUTTUMON.P.O, PULLADU KOIPURAM VILLAGE, THIRUVALLA TALUK,PIN-689547.`** - **`2 SURENDRAN.V.S, VALAKATHIL HOUSE,ERAVIPEROOR.P.O, THIRUVALLA,PIN-689542.`** - **`3 MANAGER, FUTURE GENERAL INDIA INSURANCE CO.LTD,8TH FLOOR, CARMEL TOWER, COTTONHILL POST,VAZHUTHACAUD, TRIVANDRUM,PIN-695014.`** ``` BY ADV SRI.THOMAS M.JACOB - R3 ``` ``` THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` MACA NO. 3690 OF 2019 ``` ``` 2 ``` ## **JUDGMENT** This appeal has been filed by the claimant in O.P (MV) No.1276 of 2015 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. The respondents herein are the respondents before the tribunal. 2. According to the appellant/claimant on 20.07.2015 at about 04.45 pm, while the petitioner was riding a motorcycle bearing Registration No.KL-04-J-130 through the ManakachiraKuttoor public road, when reached near Elanjimuttathupady junction, a car bearing Registration No.KL-27-E-1119 driven by the 1[st] respondent, came from north to south direction in a rash and negligent manner and hit the motorcycle in which the petitioner was traveling. As a result of the accident the petitioner sustained injuries. The appellant approached the tribunal claiming a total compensation of Rs.29,00,250/-. 3. The respondent insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, no oral evidence was adduced on ``` MACA NO. 3690 OF 2019 ``` ``` 3 ``` either side. Exts.A1 to A17 were marked on the side of the appellant and no documentary evidence was marked on the side of the respondents. The tribunal, after analyzing the pleadings and materials on record, awarded a sum of Rs.3,84,230/- as compensation under different heads with interest @ 9% per annum from the date of petition till realization, against the respondent being the insurer. 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 and the learned Standing Counsel for the respondent insurer. 5. The learned counsel for the appellant claims enhancement mainly under the following heads; ## **- Income/notional income :** The learned counsel for the appellant submitted that the claimant had claimed Rs.30,000/- per month and the tribunal had only granted Rs.10,000/-. Ext.A15 – salary certificate produced before the tribunal shows that he was receiving an amount of Rs.25,000/- per month. The learned standing counsel for the insurance company ``` MACA NO. 3690 OF 2019 ``` ``` 4 ``` submitted that though Ext.A15 was produced before the tribunal, no evidence was adduced to prove the same. Even going by the judgment in **Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited** [AIR 2011 SC 2951], the income ought to have been taken as Rs.10,500/- per month. However, considering the fact that the claimant was a B.Tech graduate, I find that an amount of Rs.15,000/- would be just and reasonable. Therefore, I fix the notional monthly income at **Rs.15,000/-** per month. **- Loss of earnings :** The learned counsel for the appellant submitted that the tribunal had taken into consideration only three months for granting compensation under the said head. It is also submitted that the appellant sustained serious injuries and he could not go for work for almost six months. Considering the injuries sustained, I find that a period of four months can be taken for awarding compensation under this head. The notional income has been fixed at Rs.15,000/-. Hence, the total compensation payable under the said head will be Rs.60,000/- (15,000 x 4). The tribunal has already awarded Rs.30,000/- and therefore, there will ``` MACA NO. 3690 OF 2019 ``` ``` 5 ``` be an additional amount of **Rs.30,000/-** under this head. **- Bystander expenses :** The appellant had been treated as an inpatient for 11 days, the tribunal had awarded only Rs.250/per day for assessing the compensation for bystander expenses. Considering the nature of the injuries sustained and age of the appellant, I think that an amount of Rs.300/- per day can be taken for awarding compensation under the said head. Thus, there will be a total compensation of Rs.3,300/- (300x11). The tribunal has already awarded Rs.2,750/- and therefore, there will be an additional amount of **Rs.550/-** under this head. **L o ss of amenities :-** Though an amount of Rs.1,00,000/was claimed under the said head, the tribunal had awarded only an amount of Rs.10,000/- under the head. The following are the injuries sustained :- 1. Swelling right ankle 2. Multiple abrasions. 3. Fracture lower and both knees of right leg at ankle level. 4. Pilon fracture. 5. Bimalleolar fracture right ankle. 6. Undisplaced lateral condyle fracture right knee. ``` MACA NO. 3690 OF 2019 ``` ``` 6 ``` Considering the injuries sustained and age of the appellant, I find that a total amount of Rs.30,000/- is just and reasonable. Therefore, there will be an additional compensation of **Rs.20,000/-** under the said head. **- Permanent disability :** Ext.A11 – disability certificate issued by the District Hospital, Kozhencherry assessed the permanent disability of the claimant as 12%. But the tribunal has reduced the permanent disability to 10% without satisfactory reasons. Moreover, there is no reason to doubt the genuineness of the certificate issued by the Medical Board. Hence, I fix the permanent disability at 12%. Accordingly, there will be a total compensation of Rs.3,67,200/- (15,000x12x17x12/100). The tribunal has already awarded 2,04,000/-. Thus, there will be an additional amount of **Rs.1,63,200/-** under the said head. 6. Though the learned counsel for the appellant has sought enhancement of compensation under other heads, I am of the opinion that the compensation awarded by the tribunal appears to be just and reasonable. Hence, I am not inclined to ``` MACA NO. 3690 OF 2019 ``` ``` 7 ``` interfere with the compensation awarded under the other heads. 7. Thus, the impugned award of the tribunal is modified as follows; |**Sl.** **No.**|**Head of Claim**|**Amount** **claimed**|**Amount** **awarded by** **the tribunal**|**Modifed in** **appeal**|**Total** **compensation**| |---|---|---|---|---|---| |**1**|**Loss of** **earnings**|**1,75,000**|**30,000**|**30,000**|**60,000**| |2|Transport to hospital|28,000|5,000|(not modifed)|5,000| |3|Extra nourishment|12,000|2,750|(not modifed)|2,750| |4|Damage to clothing|6,000|1,000|(not modifed)|1,000| |5|Medical expenses|1,50,000|93,730|(not modifed)|93,730| |**6**|**Bystander** **expenses**|**14,000**|**2,750**|**550**|**3,300**| |7|Pain and suferings|2,00,000|35,000|(not modifed)|35,000| |**8**|**Compensation** **for permanent** **disability**|**1,70,000**|**2,04,000**|**1,63,200**|**3,67,200**| |**9**|**Loss of** **amenities &** **enjoyment of** **life**|**1,00,000**|**10,000**|**20,000**|**30,000**| ||**TOTAL**|**29,00,250**|**3,84,230**|**2,13,750**|**5,97,980**| Accordingly, the appeal is allowed in part and the appellant/claimant is awarded an additional compensation of ``` MACA NO. 3690 OF 2019 ``` ``` 8 ``` **Rs.2,13,750/-** (Rupees two lakhs thirteen thousand seven hundred and fifty 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 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 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. Sd/- ## **SHOBA ANNAMMA EAPEN JUDGE** **SMA**