M. Nallasamy v. Jameskutty Kurian, Biju and The Oriental Insurance Co. Ltd.
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- S. Siri Jagan
- K. Ramakrishnan
- Judgment Date
- 2013-05-22
- Court Decision / Holding
- The appeal is disposed as above. The High Court upheld the Tribunal’s multiplier of 16 (per Sarala Varma) and rejected blindly following the WCA Schedule I for Section 166 claims, in light of Rajesh Kumar v. Yudhvir Singh. It increased the amount for loss of amenities in life from Rs 15,000 to Rs 25,000, and held the appellant entitled to an additional Rs 10,000 over and above the Tribunal’s award, with interest at 9% per annum on that amount until payment. The insurer is directed to deposit the enhanced amount within one month.
- Final Disposition
- Appeal partly allowed; enhanced loss of amenities; added Rs 10,000 as additional compensation; 9% interest on the additional amount; deposit within one month; overall award adjusted accordingly.
Parties to the Case
Appellants / Petitioners
- M. Nallasamy
Respondents
- Jameskutty Kurian
- Biju
- The Oriental Insurance Co. Ltd.
Legal Representation & Advocates
Counsels for Petitioners
- • M.R. Venugopal
- • Dhanya P. Ashokan
Counsels for Respondents
- • Mathews Jacob (Sr.)
- • P. Jacob Mathew
Case Synopsis & Summary
The appellant, M. Nallasamy, sustained serious injuries in a motor-vehicle collision caused by negligence of a vehicle owned by the first respondent, driven by the second respondent and insured with the third respondent. He approached MACT Thrissur with O.P.(M.V.) No.802 of 2003 seeking compensation for injuries and resulting disabilities. The Tribunal found negligence and awarded compensation across heads including loss of earning capacity, transportation, nourishment, clothing, medical expenses, bystander expenses, pain and suffering, loss of amenities of life and disability, totaling Rs 3,69,149 (rounded to Rs 3,69,150). Dissatisfied, the appellant challenged the quantum, arguing the Tribunal erred in applying a 55% loss of earning capacity derived from the Workmen’s Compensation Act Schedule I, which is not applicable to Section 166 claims; he also contended for a multiplier of 17 (and a higher loss of earning power) given his age of 33. The respondents argued that reference to Schedule I is improper for Section 166 claims and that the Tribunal’s percentage and other heads should be sustained. The High Court ultimately held that the multiplier (16) per Sarala Varma is appropriate and that reliance on Schedule I should not defeat the proper award; it increased the loss of amenities from Rs 15,000 to Rs 25,000 and granted an additional Rs 10,000 over the Tribunal’s award, with interest at 9% on that amount and directed deposit within a month.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellant contends that the Tribunal erred in fixing the percentage of loss of earning capacity by applying Schedule I of the Workmen's Compensation Act, and selected 55% which is not in the Schedule. He argues that under Section 166, reference to Schedule I is not applicable per the Supreme Court in Rajesh Kumar v. Yudhvir Singh and that the doctor’s assessment of 40% disability does not justify 55% loss of earning capacity. Moreover, since the appellant was 33 at the time, the correct multiplier per Sarala Varma should be 16, which the Tribunal used. The appellant seeks enhancement in heads including pain and suffering and loss of amenities of life, and argues for a higher overall compensation based on actual disability and its impact on earning capacity.
Contentions of Respondents
The respondents’ counsel contends that reliance on the Workmen's Compensation Act schedule by incorporation is not permissible for a claim under Section 166, citing Rajesh Kumar v. Yudhvir Singh. They note the doctor assessed 40% permanent disability while the Tribunal fixed 55%, arguing that this is incorrect. They urge that the Tribunal’s approach remains valid for other heads and that the multiplier should be maintained as per Sarala Varma, and the compensation fixed for pain, suffering and loss of amenities need not be amplified beyond the Tribunal's award.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Rajesh Kumar v. Yudhvir Singh | 2008 (4) KLT 116 (SC) | Positive | SC held that reference to the Workmen's Compensation Act's schedule by incorporation is applicable only for Section 163A(1) and not for Section 166, thus disallowing Schedule I to govern loss of earning capacity under MACT. |
| Sarala Varma v. Delhi Transport Corporation | 2010 (2) KLT 802 (SC) | Positive | SC affirmed the appropriate multiplier for ages 31-35 as 16, which the Tribunal adopted in this case. |
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