High Court of KeralaSingle JudgeMACA allowed

Raju M. S/O Narayanan v. Poovarasan E., Sukumaran & SBI General Insurance Co. Ltd.

Case / Petition Number:MACA.No.904 OF 2017(A)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2020-08-18
Court Decision / Holding
The appeal is partly allowed. The court holds 100% functional disability and grants 25% future prospects, eliminating notional loss of earnings separately. It increases heads of compensation: Transportation 10,000; Extra nourishment 10,000; Medical expenses 74,000; Pain and suffering 100,000; Loss of amenities 50,000; Future medical expenses 25,000; and Permanent disability 2,10,000. The total enhanced amount is 23,79,600. The insurer is directed to pay within three months with 9% interest, after deducting sums already paid, by NEFT/RTGS, with the appellant providing bank details. No party is entitled to costs. The order also directs deposit/payment procedures and enforcement mechanisms through the Tribunal if necessary.
Final Disposition
MACA allowed

Parties to the Case

Appellants / Petitioners

  • Raju M. S/O Narayanan

Respondents

  • Poovarasan E.
  • Sukumaran
  • SBI General Insurance Co. Ltd.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. P.V. Chandra Mohan

Counsels for Respondents

  • • Adv. SMT. Asha P. KuriaKose
  • • Adv. K.J. Saji Isaac
  • • Adv. P.R. Venkatesh

Case Synopsis & Summary

This is a Motor Accident Claims appeal under MACA No. 904 of 2017 (A) arising from a 2013 accident in which a lorry struck a motorcycle, causing severe injuries to the appellant. The Motor Accidents Claims Tribunal, Irinjalakuda, found negligence on the driver (2nd respondent) and passed an award in favor of the appellant. The appellant alleges that the award undervalued his disability and future loss, asserting a 51.36% disability but insisting that his functional disability is effectively 100% due to the injuries and lifetime impact on employability. He was hospitalised for 34 days, required ongoing treatment, and faces future surgeries for implant removal. The appellant produced evidence of employment as a welder/fabricator, arguing for a higher notional income and for incremental increases in income in light of inflation and the unorganised sector. The Tribunal had adopted a notional income for the appellant and a separate figure for a coolie under Ramachandrappa. The High Court, examining medical evidence and controlling jurisprudence, held that the appellant is unable to perform any manual work, and thus should be treated as 100% functionally disabled with 25% future prospects. The court enhanced several heads of damages (transport, nourishment, medical expenses, pain, amenities, etc.) and directed the insurer to pay within three months with interest, while clarifying payment procedures and costs.

Legal Doctrines & Maxims

  • Notional income principle for unorganised sector workers (Ramachandrappa)
  • Incremental enhancement for self-employed in unorganised sector (Pranay Sethi)
  • Future prospects to be added to damages (25%)
  • 100% functional disability may be treated as loss of earning capacity
  • No separate loss of earnings when 100% permanent disability is found

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the Tribunal erred in restricting the income, failed to recognize the potential earnings in his capacity as a welder/fabricator, and did not grant future prospects or adequately account for lifelong disability. He also argues for enhanced compensation across heads including transportation, nourishment, medical expenses, pain and suffering, loss of amenities, and future medical costs, given the 100% functional disability and need for future surgeries. The evidence of employment was presented to realign the notional income to Rs. 10,000 in 2013 and to justify an incremental approach to earnings. The appellant seeks a reversal of the Tribunal’s fixation of notional income and an order of enhanced compensation with interest.

Contentions of Respondents

The respondents contend that the Tribunal’s award was grounded on the evidence and jurisprudence available, arguing to maintain the head of damages and the general approach to compensation. They challenge the extent of disability and the application of future prospects, and emphasize that the award should reflect evidence presented, not speculative increases. They rely on established precedents regarding disability assessment and income estimation while opposing any unwarranted enhancement beyond the Tribunal’s assessment.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited2011 (13) SCC 236PositiveUsed to justify fixing a notional income for a casual/low-income worker (coolie) and the approach to income in absence of verifiable earnings.
National Insurance Co. Ltd. vs. Pranay Sethi2017 (16) SCC 680PositiveEstablished the principle of incremental increase in compensation for self-employed/unorganised sector and future prospects.
Raj Kumar v. Ajay Kumar2011 (1) KLT 620 (SC)PositiveCited in support of assessing functional disability to award compensation for loss of future earnings.
Sayed Sadiq v. United India Insurance Co. Ltd.2014 (2) SCC 735PositiveCited for principles on disability assessment and compensation in total loss scenarios.
Jagdish v. Mohan2018 (4) SCC 571PositiveCited to support the view on disability and future prospects in the context of MACT claims.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Raju M. S/O Narayanan v. Poovarasan E., Sukumaran & SBI General Insurance Co. Ltd. and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942** ## **MACA.No.904 OF 2017(A)** **AGAINST THE AWARD IN OPMV 706/2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA** ## **APPELLANTS:** **RAJU M. S/O.NARAYANAN, MADATHANI HOUSE, P.O.VAZHAKULAM, ERNAKULAM DISTRICT.** **BY ADV. SRI.P.V.CHANDRA MOHAN** ## **RESPONDENTS:** |**1**|**POOVARASAN E.**| |---|---| ||**S/O.ELAVARASAN, 631, JUDGES QUARTERS,**| ||**SALEM-636007.**| |**2**|**SUKUMARAN**| ||**S/O.ARUMUGHAN, THANKA NIVAS, KOSATHARA,**| ||**CHITTUR, PALAKKAD-678101.**| |**3**|**THE SBI GENERAL INSURANCE CO.LTD.**| ||**NO.04, COIMBATORE-641018.**| ||**R1-2 BY ADV. SMT.ASHA P.KURIAKOSE**| ||**R1, R3 BY ADV. SRI.K.J.SAJI ISAAC**| ||**R1 BY ADV. SRI.P.R.VENKATESH**| **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA No.904 of 2017 2 ## **JUDGMENT** ## **Dated this the 18[th] day of August, 2020** The appellant while riding a motorcycle, sustained serious injuries when a lorry hit behind the motor cycle. The accident occurred on 11.02.2013 at about 6.30 a.m. Negligence was found on the 2[nd] respondent driver. The offending vehicle had a valid policy. 2. The appellant suffered hospitalisation for 34 days. The appellant was also assessed with 51.36% disability. The appellant claims enhancement under various heads under which compensation have been awarded. 3. The appellant suffered the following injuries: “Urinary bladder wall shows mild thickening in the antero inferior aspect. Minimal peri vesical fat stranding present- MACA No.904 of 2017 3 Bladder wall injury, Moderate ascitis. Comminuted fracture right iliac blade with displacement of faractured fragments. Comminuted fracture roof and medial walls of the right acetablulam extending to the anterior and posterior walls of the acetabulam. Fracture bilateral inferior pubic rami and left superior pubic ramus Comminuted fracture inferior part of the sacrum with displacement of the fractured fragments. Fracture tip of right ischial spine with intra pelvic displacement of the fractured fragments. Diastasis of the pubic symphysis and the left sacroliac joint Hemarthrosis right hip joint.” 4. The appellant had also suffered serious MACA No.904 of 2017 4 disability including errectile disfunction, urinary incontinence, pain on urination, recurrent urinary tract infection and urinary obstruction and semen discharge with urination. 5. The appellant was a welder cum fabricator. Exhibits A11 and A12 are produced to prove the employment. Appellant claimed a salary of Rs.12000/- per month. The Tribunal adopted only a notional income of Rs.5000/-. A coolie was fixed with a notional income of Rs.4,500/- per month in the year 2004, in _**Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited**_ **[** _**(2011) 13 SCC**_ _**236**_ **]** . The Hon'ble Supreme Court has also recognised the principle that there would be incremental enhancement in the case of even self-employed individuals in the un-organised sector ( _**National**_ _**Insurance Co. Ltd. vs. Pranay Sethi (2017)16 SCC**_ _**680**_ ). With respect to an unspecified job of a coolie considering the increase in cost of living and MACA No.904 of 2017 5 economic advancements over the years, it can be safely assumed that even a coolie would be eligible for incremental addition of at least Rs.500/- in every subsequent year. In such circumstance, considering the fact that the appellant was a welder cum fabricator and had produced certificates to prove his employment, the notional income can be fixed at Rs.10000/- in the year 2013. 6. The learned Counsel for the appellant submits that the disability though assessed at 51.36%, the functional disability is much more and is complete and absolute. The appellant also submits that in view of the serious disability he has to be awarded future prospects too. 7. The whole body permanent disability as assessed by the Doctor who was examined as PW1 was stated by the Doctor to be on the basis of the orthopaedic disability assessed at 40.33% and the disability assessed by the Urologist at 20%. The MACA No.904 of 2017 6 Doctor had clearly deposed that the appellant required a further surgery to remove implant from the right iliac. It has also been categorically stated that the appellant cannot continue as a welder or fabricator due to the disabilities mentioned above. Disability suffered of errectile disfunction, urinary incontinence and recurrent urinary tract infection was specifically due to the injuries occasioned from the accident. In cross-examination the Doctor has again asserted that the disability suffered by the injured would be life long and there would not be any change in his condition. It was deposed that his routine life would be changed due to the injury and it has also been categorically stated in reexaination that he cannot do any manual work. The deposition of the Doctor, which remains unchallenged has to be given due weight in deciding the functional disability. Looking at the decision of the Hon'ble Supreme Court in _**Raj Kumar v. Ajay Kumar [2011(1) KLT**_ MACA No.904 of 2017 7 _**620 (SC)]**_ the Tribunal and this Court is entitled to assess the functional disability to award compensation for the loss of future earnings. In the present case, it has been categorically stated that the appellant would be disabled from carrying on any manual work and in such circumstances this Court is of the opinion that 100% disability has to be adopted especially in view of the judgment of the Hon'ble Supreme Court in _**Sayed Sadiq v. United India Insurance Company Limited [2014(2) SCC 735]**_ and _**Jagdish v**_ **.** _**Mohan**_ **[** _**(2018) 4 SCC 571**_ **].** 8. The appellant, 44 years old, is also entitled to 25% enhancement for future prospects. In the context of grant of 100% functional disability there can be no loss of earnings granted as granted by the Tribunal which would stand deleted. The appellant is said to have suffered hospitalisation for 34 days and is constantly subjected to treatment and also require future medication. He also needs a MACA No.904 of 2017 8 future surgery for removal of implants, but, however, no question has been put to the Doctor as to assess the expenses that would be incurred. In any event considering the hospitalisation, nature of injuries as also the future treatment and surgery required, this Court is of the opinion that there should be enhancement granted under the heads of transportation, extra nourishment, as also the future medical expenditure. The following enhancement is granted. No loss of earning is separately awarded on the finding of 100% permanent disability. |**Sl.**<br>**No.**|**Head of Claim**|**Amount**<br>**awarded by**<br>**the Tribunal**<br>`|**Total amount**<br>**after**<br>**enhancement in**<br>**appeal**<br>`| |---|---|---|---| |**1**|**Loss of earning**|**50000**|**Deleted**| |**2**|**Transportation**<br>**Expenses**|**4000**|**10000**| |**3**|**Extra nourishment**|**4000**|**10000**| |**4**|**Damage to clothing**<br>**and articles**|**1000**|**1000**| |**5**|**Attendant**<br>**expenses**|**9600**|**9600**| |**6**|**Medical Expenses**|**74000**|**74000**| MACA No.904 of 2017 9 |||9|| |---|---|---|---| |**7**|**Pain and suffering**|**100000**|**100000**| |**8**|**Loss of amenities**|**50000**|**50000**| |**9**|**Future medical**<br>**expenses**|**--**|**25000**| |**10**|**Permanent disability**|**431424**|**2100000**<br>**[10000*125/100*12*14]**| ||**Total**|**724024**|**2379600**| MACA allowed. Considering the fact that about four years have elapsed from the date of the award, there is no requirement to deposit any amounts in fixed deposit as directed by the Tribunal. The payment as per the award and the modification made herein shall be made within three months with interest as directed by the Tribunal @ 9%, after deducting the amounts already paid or deposited. The appellant shall produce a copy of a cancelled cheque of the Bank Account in a Nationalized Bank in his name, with copy of AADHAAR or acceptable identification, before the Tribunal within one month, with copy to the Insurance Company. The Insurance Company shall credit the amounts through NEFT/RTGS MACA No.904 of 2017 **==> picture [15 x 11] intentionally omitted <==** mode to the said account, failing which the Tribunal shall proceed with the recovery in accordance with law. No order as to costs. **Sd/K. VINOD CHANDRAN, JUDGE.** **Jma/**