Navas Mohammed v. Najeeb S. and Rasali P.H. and National Insurance Company
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- SOPHY THOMAS
- Judgment Date
- 2022-07-29
- Court Decision / Holding
- The appeal is allowed; enhanced compensation of Rs.2,04,400 is awarded (Rs.12,000 for loss of earning, Rs.2,000 for transportation, Rs.1,500 for extra diet, Rs.650 for bystander expenses, Rs.5,000 for pain and suffering, Rs.1,80,000 for permanent disability, Rs.5,000 for loss of amenities). The 3rd respondent-Insurer is directed to deposit the enhanced compensation in the appellant’s bank account with interest at 9% from the date of petition till the date of deposit within two months from the date of receipt of a copy of this judgment, after deducting liabilities such as tax, balance court fee and legal benefit fund. The appeal is allowed accordingly. No order as to costs.
- Final Disposition
- The appeal is allowed accordingly. No order as to costs.
Parties to the Case
Appellants / Petitioners
- Navas Mohammed, S/o Mohammed Kunju, Puthuparampu House, Thrikidithanam P.O, Changanacherry
Respondents
- Najeeb S., S/o Safarulla, Beena Manzil, Lajanath Ward, Alappuzha 688001
- Rasali P.H., S/o Hameed, Puthuparam Puthous House, Thrikodithanam P.O, Kilimala, Changanacherry-686101
- National Insurance Company, Changanacherry 686101
Legal Representation & Advocates
Counsels for Petitioners
- • V.V. Shaji Susanth Shaji
Counsels for Respondents
- • P. Jacob Mathew
- • Adv. Agi Joseph
Case Synopsis & Summary
This High Court of Kerala, in MACA No.478/2013, hears an appeal by the claimant in OP(MV) No.1429/2005 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, challenging the Tribunal’s award of compensation for injuries suffered in a road traffic accident on 11.07.2005. The accident involved KL-05/Q-2077 motorcycle owned by the 2nd respondent and insured by the 3rd respondent. The appellant, a vegetable vendor aged around 38, contends the Tribunal erred in several heads of compensation: it fixed an artificially low notional income of Rs.3,000 per month, contrary to the principle in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. (AIR 2011 SC 2951), which should yield Rs.5,000 per month for notional income. The Medical Board rated disability at 30% (Traumatic Optic Neuropathy of the left eye), but the Tribunal awarded no permanent disablement compensation. The appellant asks for enhancement across heads: loss of earning (Rs.12,000 balance from Rs.30,000 notional loss), transportation (Rs.2,000), extra diet (Rs.1,500), bystander expenses (Rs.1,950), pain and suffering (Rs.25,000), and permanent disability (Rs.1,80,000) using a notional income of Rs.5,000, multiplier 15 and 20% whole-body disability. He relies on Rs.5,000 notional income and 20% disability for computation. The High Court recalculates and awards enhanced compensation totaling Rs.2,04,400, directs the insurer to deposit the amount with 9% interest within two months, and allows the appeal, with no costs ordered.
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellant contends that the Tribunal erred in the assessment of compensation. Notional income should be Rs.5,000 per month (not Rs.3,000) in view of Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. (AIR 2011 SC 2951). The accident occurred in 2005; as a vegetable vendor he argues for Rs.30,000 for six months of loss of earning (Rs.5,000 × 6). He had already received Rs.18,000, so Rs.12,000 is sought as enhanced loss of earnings. For transportation to hospital, he seeks Rs.2,000 (instead of Rs.1,000); for extra diet, Rs.1,500 (instead of Rs.750); for bystander expenses, Rs.1,950 (Rs.150 per day for 13 days instead of Rs.1,300); for pain and suffering, Rs.25,000 (instead of Rs.20,000); for permanent disability, Rs.1,80,000 based on 20% whole-body disability with a multiplier of 15; asserting the 30% disability certificate (Ext. A8) justifies substantial enhancement under several heads. He ultimately seeks enhanced total compensation of Rs.2,04,400 with interest.
Contentions of Respondents
The respondents largely rely on Ext. A8 showing 30% disability and note that the Medical Board did not assess whole-body disability. The Insurance Company’s counsel admitted Ext. A8; they contest any drastic augmentation beyond the Tribunal’s award and maintain that the evidence supports the Tribunal’s calculations. The respondents’ position is that the Tribunal’s award, given the evidence, should stand; but they do not controvert the existence of the 30% disability certificate and its impact merely as shown by the record.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited | AIR 2011 SC 2951 | Positive | Cited to support fixing notional income of Rs.5,000 for loss of earning; used to justify higher notional income in calculation of compensation. |
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