Narayanankutty v. Sandeep Prakash and Others (1) Sandeep Prakash; (2) New India Assurance Co. Ltd.; (3) Bhaskaran Nair; (4) United India Insurance Co. Ltd.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 7[TH] DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 MACA NO. 4050 OF 2017`** ``` AGAINSTTHEAWARDDATEDINOPMVNO.1301OF2014OFMOTORACCIDENT CLAIMSTRIBUNAL,PERUMBAVOOR APPELLANT/PETITIONERINOP(MV): ``` ``` NARAYANANKUTTY AGED51YEARS ``` ``` NOWAGED51YEARS,S/O.SANKARAN,CHEMPANKATTILHOUSE,AKAPARAMBU, NEDUMBASSERY,ALUVATALUK,MEKKADP.O.,ERNAKULAMDISTRICT-683589. ``` ``` BYADVS. SRI.K.SHRIHARIRAO SMT.N.SHOBHA ``` ## **`RESPONDENTS/RESPONDENTS:`** ## **`1 SANDEEP PRAKASH`** ``` S/O.PRAKASAN,283,KIZHAKOOTTAYILHOUSE7,ERAMANGALAM, VELIYANKODEPANCHAYATH,MALAPPURAMDISTRICT-679587. ``` ``` 2NEWINDIAASSURANCECO.LTD.1215 ``` - **`12TH FLOOR, NAURANG HOUSE, 21, KASTHURBA GANDHI MARG, NEW DELHI-110001.`** ## **`3 BHASKARAN NAIR`** ``` S/O.KESAVANPILLAI,NISHANIVAS,AKAPARAMBU,NEDUMBASSERY,MAKKAD P.O.,ERNAKULAMDISTRICT-683589. ``` ## **`4 UNITED INDIA INSURANCE CO. LTD.`** ``` K.G.TOWERS,THRISSURROAD,ANGAMALY-683572. ``` ``` THISMOTORACCIDENTCLAIMSAPPEALHAVINGCOMEUPFOR ADMISSIONON07.06.2024,THECOURTONTHESAMEDAYDELIVEREDTHE FOLLOWING: ``` 2 M.A.C.A. No. 4050 of 2017 ## **SOPHY THOMAS, J.** ## **=====================** M.A.C.A. No. 4050 of 2017 ## **========================** ## J U D G M E N T Dated this the 07th day of June 2024 This appeal is at the instance of the claimant in O.P. (MV) No. 1301 of 2014 on the file of Motor Accidents Claims Tribunal, Perumbavoor, impugning the award on the ground of inadequacy of compensation. 2. On 01.07.2014, at about 09.45 pm while the appellant was pillion riding a motorcycle, he was knocked down by KL- 54D- 2002 car driven by the 1st respondent in a rash and negligent manner. He suffered serious injuries including fracture of both bones of both lower limbs, left hip fracture, multiple facial bone fracture coupled 3 M.A.C.A. No. 4050 of 2017 with multiple lacerations and abrasions over face, knee, ankle, etc,. He was hospitalized for 24 days at KIMS hospital, Edappally. He was a 48-year-old carpenter earning monthly income of Rs.10,000/during the period of accident. He suffered much loss, physically and financially, due to the injuries suffered in that accident. He approached the Tribunal claiming compensation of Rs.10,00,000/-. But learned Tribunal awarded only Rs.2,24,2494/- and hence this appeal. 3. The 1st respondent was the owner cum driver of the offending car, and the 2nd respondent was its insurer. The 3rd respondent was the owner cum rider of the motorcycle in which the appellant was pillion riding. The 4th respondent is the insurer of that motorcycle. 4. Before the Tribunal respondents 1 and 3 remained exparte. Respondents 2 and 4, the insurer of the offending car, as well as of the motorcycle involved in the accident, contested the case. Learned Tribunal on analyzing the facts and evidence, found that 4 M.A.C.A. No. 4050 of 2017 the accident occurred due to the rash and negligent driving of the offending car by the 1st respondent, and since that vehicle was duly insured with the 2nd respondent insurer, they were directed to compensate the appellant. 5. In the appeal, the 2nd respondent entered appearance through counsel, and admitted the policy of the offending car. According to them, the compensation awarded by the Tribunal is just and reasonable, and hence it needs no modification. 6. Now this Court is called upon to answer whether there is any illegality, impropriety, or irregularity in the impugned award of the Tribunal warranting interference by this Court. 7. Heard learned counsel for the appellant, and learned counsel for the 2nd respondent - insurer of the offending car. 8. Learned counsel for the appellant would submit that the appellant was a 48-year-old carpenter earning monthly income of Rs.10,000/- at the time of the accident. But, learned Tribunal fixed his notional income @ Rs.6,000/- alone which according to him is 5 M.A.C.A. No. 4050 of 2017 on the lower side. True that, no records were there to prove his monthly income as a carpenter. But relying on the decision _**Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [AIR 2011 SC 2951]**_ , learned counsel for the appellant would argue that, even a coolie worker was eligible to get his notional income fixed @ Rs.9,500/- in the year 2014. So, placing reliance on that decision, this Court is inclined to fix his notional income @ Rs.9,500/- per month. 9. Learned Tribunal assessed loss of income for a period of eight months. Ext.A5 wound certificate shows the gravity of the injuries suffered by him, and he was hospitalized for 24 days in total. Since there was fracture of both bones of both lower limb and fractre of left hip, he might not have been able to do any kind of job at least for a period of ten months. So this Court is inclined to award compensation for loss of earning for a period of ten months @ Rs.9,500/-, which will come to Rs.95,000/- in total (9,500 x 10). After deducting Rs.48,000/- already awarded by the Tribunal, the 6 M.A.C.A. No. 4050 of 2017 appellant is entitled to get the balance amount of Rs.47,000/- under the head loss of earning. 10. Towards extra nourishment learned Tribunal awarded only Rs.2,000/- against his claim of Rs.10,000/-. He had suffered multiple facial bone fractures, so that, he might not have been able to take normal food for a considerable period of time. So this Court is inclined to award Rs.1,000/more under the head extra nourishment. 11. Towards bystander expenses, learned Tribunal awarded Rs.250/- per day for 24 days of hospitalization. This court is inclined to award bystander expenses @ Rs.350/- day, as the accident was in the year 2014. So he is eligible to get Rs.2,400/- more under the head bystander expenses. 12. Towards pain and suffering, learned Tribunal awarded only Rs.60,000/-. The appellant had suffered fracture of both bones of both lower limbs, left hip fracture multiple facial bone fracture, multiple lacerations and abrasions, and he was hospitalized for 24 7 M.A.C.A. No. 4050 of 2017 days. Learned counsel for the appellant would submit that, out of 24 days of hospitalization, he was in ICU for 14 days. Considering the nature of injuries suffered, even after discharge, he might not have been able to lead a normal life for a considerable period of time. So, this Court is inclined to award Rs.20,000/- more, under the head pain and suffering. 13. The appellant had suffered 3% permanent disability as seen from Ext.C1 disability certificate issued by the Medical Board. Learned Tribunal assessed disability compensation taking his monthly income @ Rs.6,000/-. We have fixed his monthly income @ Rs.9,500/-. When compensation is assessed for 3% permanent disability taking his monthly income as Rs.9,500/-, it will come to Rs.44,460/- (9,500 x 12 x 13 x 3/100). After deducting Rs.28,080/already awarded by the Tribunal, he is entitled to get the balance of Rs.16,380/- under the head disability compensation. 14. Under the head loss of amenities, learned Tribunal awarded Rs.45,000/- against his claim of Rs.2,00,000/-. The appellant was a 8 M.A.C.A. No. 4050 of 2017 48-year-old carpenter, and he suffered multiple fractures including hip fracture and fracture of both bones of both limbs. So the disability which he suffered on account of the injuries might have affected his carpenter job to a great extent. Considering that aspect, this Court is inclined to award Rs.15,000/- more towards loss of amenities. 15. The compensation awarded by the Tribunal under all other heads seems to be reasonable, and hence it needs no modification. 16. The enhanced compensation awarded in this appeal is given in the table below:- |he table below:-|||| |---|---|---|---| |_Head of claim_|_Amount_<br>_awarded_<br>_by the_<br>_Tribunal_|_Amount_<br>_awarded in_<br>_appeal_|_Difference to be_<br>_drawn as_<br>_enhanced_<br>_compensation_| |_Loss of earning_|_48,000/-_|_95,000/-_|_47,000/-_| |_Extra_<br>_nourishment_|_2,000/-_|_3,000/-_|_1,000/-_| 9 M.A.C.A. No. 4050 of 2017 |_Bystander_<br>_expenses_|_6,000/-_|_8,400/-_|_2,400/-_| |---|---|---|---| |_Pain and suffering _|_60,000/-_|_80,000/-_|_20,000/-_| |_Permanent_<br>_disability_|_28,080/-_|_44,460/-_|_16,380/-_| |_Loss of amenities_|_45,000/-_|_60,000/-_|_15,000/-_| |_Total_|||_1,01,780/-_| 17. In the result, the appellant is entitled to get enhanced compensation of Rs.1,01,780/- ( 47,000 + 1000 + 2,400 + 20,000 + 16,380 + 15,000) in total. 18. The 2nd respondent New India Assurance Company Limited is directed to deposit the enhanced compensation of Rs.1,01,780/with 9% interest per annum from the date of petition till the date of deposit (except 123 days of delay in filing the appeal) before the Motor Accidents Claims Tribunal, Perumbavoor within a period of 10 M.A.C.A. No. 4050 of 2017 two months from the date of receipt of a copy of this judgment. Learned Tribunal shall disburse the award amount to the appellant after deducting the liabilities, if any, towards Tax, balance court fee, and legal benefit fund. The appeal is allowed to the extent as above with proportionate costs. ## Sd/ **SOPHY THOMAS JUDGE** ## _**RMV**_