MACA No. 16 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Shoba Annamma Eapen
Judgment Date: 2024-06-25
Court Decision / Holding: The appeal is allowed; the appellant/claimant is awarded an additional compensation of Rs.61,120 over the tribunal award, with interest at 8% per annum from the date of petition till realization and proportionate costs. The insurer must deposit the enhanced amount within two months with the claimant providing PAN, AADHAAR and bank details for disbursement; manner of deposit and disbursement to be in accordance with law.
Final Disposition: Appeal allowed; enhanced compensation

Parties to the Case

Appellants / Petitioners

SEETHAKUMARY

Respondents

SREELEKSHMI S.B.
The Branch Manager United India Insurance Company Ltd.

Legal Representation & Advocates

Counsels for Petitioners

• R. Rajesh (Varkala)
• M. Kiranlal
• T. S. Sarath
• Manu Ramachandran
• Sameer M Nair

Counsels for Respondents

• Sri. T.J Lakshmanan IYER - SC
• P.B.JEFIN(K/2568/2021)

Case Synopsis & Summary

This High Court motor vehicle claims appeal arises from an order of the II Additional Motor Accidents Claims Tribunal, Kollam, which awarded Rs 1,30,560 as compensation to Seethakumary for injuries sustained in a pedestrian accident on 24 March 2018 involving a motorcycle registered KL 02/AW 5481 driven rashly by the first respondent. The appellant challenged the quantum contending that the tribunal's assessment undervalued the claim. The insurer admitted the policy but disputed the amount. The appellant's evidence consisted of Exts A1 to A9; the respondent did not adduce evidence. The learned judge, relying on the notional income principle articulated in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. (AIR 2011 SC 2951), fixed the claimant's monthly notional income at Rs 11,500 (2018). This recalibration led to recalculation of several heads: loss of earnings and partial loss of earnings, bystander expenses, pain and suffering, loss of amenities, and permanent disability. The judge increased by Rs 7,000 for loss of earnings, Rs 1,000 for bystander expenses, Rs 20,000 for pain and suffering, Rs 18,000 for loss of amenities, and Rs 15,120 for future disability, while leaving other heads intact. Consequently, the total compensation rose to Rs 1,91,680. The appeal was allowed; the insurer was ordered to deposit the enhanced amount with costs and interest, and the claimant was directed to furnish PAN, AADHAAR and bank details for disbursement. The court largely endorsed the tribunal’s approach but corrected quantum in light of the evidence and authority cited.

Legal Doctrines & Maxims

Notional income principle (Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited, AIR 2011 SC 2951)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the compensation should be enhanced on multiple heads based on the notional income approach; following Ramachandrappa, the notional monthly income should be Rs.11,500; seeks higher amounts for loss of earnings, bystander expenses (Rs.400 per day), pain and suffering, loss of amenities, and permanent disability, recalculating total to Rs.1,91,680.

Contentions of Respondents

The respondents (insurer) disputed the quantum before the tribunal and urged that the tribunal’s award was just and proper; the insurer contested the higher enhancement.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited	AIR 2011 SC 2951	Positive	Court applied the notional income principle from Ramachandrappa to fix the claimant's monthly notional income for computation.

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 TUESDAY, THE 25[TH] DAY OF JUNE 2024 / 4TH ASHADHA, 1946 ``` ## **`MACA NO. 16 OF 2022`** ``` AGAINST THE AWARD DATED 19.11.2020 IN O.P (MV) NO.1222 OF 2018 OF II ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM ``` ## **`APPELLANT/PETITIONER :-`** ``` SEETHAKUMARY, AGED 60 YEARS D/O.CHELLAMMA, HARIJAN COLONY, ACHANCOVIL, ARIENKAVU, PATHANAPURAM, KOLLAM DISTRICT NOW RESIDING AT S.J.NIVAS, NEAR MURARI MUKKU, KURUMANNA CHERRY, THRIKKOVILVATTOM, KOLLAM DISTRICT- 691 576. ``` ``` BY ADVS. R.RAJESH (VARKALA) M.KIRANLAL T.S.SARATH MANU RAMACHANDRAN SAMEER M NAIR ``` ## **`RESPONDENTS/RESPONDENTS :-`** ``` 1SREELEKSHMI S.B. S/O.BHASKARAN PILLAI, SREEMANDIRAM, DECENT JUNCTION P.O., VETTILATHAZHAM, PUNTHALAZHAN NAGAR, 205A, MUKATHALA, THRIKKOVILVATTOM, KOLLAM DISTRICT- 691 577. ``` ``` 2THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, KOLLAM DISTRICT - 691 001. ``` ``` BY ADVS. SRI.T.J Lakshmanan IYER - SC P.B.JEFIN(K/2568/2021) ``` ``` THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` MACA NO. 16 OF 2022 ``` ``` 2 ``` ## **JUDGMENT** This appeal is filed by the claimant in O.P (MV) No.1222 of 2018 on the file of the Second Additional Motor Accidents Claims Tribunal, Kollam. The respondents herein are the respondents before the tribunal. 2. According to the appellant/claimant, on 24.03.2018 at about 4.30 pm, while the appellant was walking along the zebra line for crossing the Kollam Kannanalloor road, a motorcycle bearing Registration No.KL 02/AW 5481 ridden by the 1[st] respondent in a rash and negligent manner hit her and thereby sustained serious injuries. The appellants approached the tribunal claiming a total compensation of Rs.7,15,000/-. 3. The respondent insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, there was documentary evidence of Exts.A1 to A9 on the side of the appellant/claimant. No evidence was adduced by the respondents. The tribunal, after analysing the ``` MACA NO. 16 OF 2022 ``` ``` 3 ``` pleadings and materials on record, awarded a sum of 1,30,560/as compensation under different heads with interest @ 8% 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 appellant was a self employed lady earning Rs.15,000/- per month as her monthly income. But the appellant could not produce any document to prove her monthly income. Even going by the judgment in **Ramachandrappa v.** **Manager, Royal Sundaram Alliance Insurance Company Limited [AIR 2011 SC 2951],** the monthly income ought to have been taken as Rs.11,500/- per month. It is an admitted fact that the accident occurred in the year 2018 and following the judgment ``` MACA NO. 16 OF 2022 ``` ``` 4 ``` in **Ramachandrappa (supra)** , I fix the monthly notional income at Rs.11,500/-. **- Loss of earnings :** Since the monthly income is refixed as Rs.11,500, the notional income has to be recalculated. Therefore, there will be a total amount of Rs.23,000/- (11,500x2) under this head. The tribunal has already awarded Rs.16,000 and thus, there will be an additional amount of **Rs.7,000/-** under this head. **Bystander expenses :-** The learned counsel for the appellant submitted that the accident occurred in the year 2018 and there was 10 days inpatient treatment for the appellant. The tribunal has awarded only Rs.300/- per day under this head. On consideration of the fact, I am of the opinion that an amount of Rs.400/- per day can be granted. Thus, the total compensation payable under the said head is Rs.4,000/-. The tribunal has already awarded Rs.3,000/- and therefore, there will be an additional amount of **Rs.1,000/-** under this head. **- Pain and sufering :** Though the appellant claimed for an amount of Rs.50,000/-, the tribunal has only awarded Rs.10,000/under this head. The following were the injuries suffered :- ``` MACA NO. 16 OF 2022 ``` ``` 5 ``` “Left olecranon fracture displaced, hemorrhagic contusion right frontal lobe, lacerated wound over left parietooccipital region wound sutured, lacerated wound over nose-wound sutured and surgery conducted.” On considering the age of the appellant as well as the injuries sustained, I find that a total amount of Rs.30,000/- would be just and reasonable compensation under the said head. Hence, there will be an additional amount of **Rs.20,000/-** under the said head. **- Loss of amenities :** Though the claimant has claimed an amount of Rs.1,00,000/-, the tribunal has awarded only an amount of Rs.12,000/- under the said head. Considering the injuries sustained as well as the number of days for inpatient treatment undergone by the appellant, I am of the opinion that a total amount of Rs.30,000/- would be just and reasonable under the said head. Thus, there will be an additional amount of **Rs.18,000/-** under the said head. **- Permanent disability :** Since the notional income has been fixed at Rs.11,500/-, the compensation under the head permanent and continuing disability has to be recalculated. Thus the total ``` MACA NO. 16 OF 2022 ``` ``` 6 ``` compensation granted under the said head would come to Rs.49,680/- (11,500x12x9x4/100). The tribunal has already awarded Rs.34,560/-. Therefore, there will be an additional amount of **Rs.15,120/-** under the said head. 6. Though the learned counsel for the appellant has claimed enhancement of compensation under the other heads, I am of the opinion that the compensation awarded by the tribunal appears to be just and reasonable. Hence, I am not interfering 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 +** **partial loss of** **earnings**|**90,000**|**16,000**|**7,000**|**23,000**| |2|Transportation to Hospital|10,000|2,000|(not modifed)|2,000| |3|Damage to clothing& articles|5,000|1,000|(not modifed)|1,000| |4|Extra nourishment|10,000|2,000|(not modifed)|2,000| ``` MACA NO. 16 OF 2022 ``` ``` 7 ``` |**5**|**Bystander** **expenses**|**Nil**|**3,000**|**1,000**|**4,000**| |---|---|---|---|---|---| |**6**|**Compensation** **for pain &** **sufering**|**50,000**|**10,000**|**20,000**|**30,000**| |7|Medical expense+future treatment expenses|1,00,000 + 50,000|50,000|(not modifed)|50,000| |**8**|**Permanent and** **continued** **disability** **(compensation** **for future loss** **of earning** **power)**|**3,00,000**|**34,560**|**15,120**|**49,680**| |**9**|**Compensation** **for loss of** **amenities in life** **and enjoyment** **of future life**|**1,00,000**|**12,000**|**18,000**|**30,000**| ||**TOTAL**|**7,15,000**|**1,30,560**|**61,120**|**1,91,680**| Accordingly, the appeal is allowed and the appellant/claimant is awarded an additional compensation of **Rs.61,120/-** (Rupees sixty one thousand one 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 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 ``` MACA NO. 16 OF 2022 ``` ``` 8 ``` 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**