Santosh v. Samson Brijith, Augustine Joseph and The New India Assurance Co. Ltd.
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- S. Siri Jagan
- K. Ramakrishnan
- Judgment Date
- 2013-11-07
- Court Decision / Holding
- Appeal partly allowed. The Tribunal’s award is modified: monthly income fixed at Rs.2,500; application of a 16-year M.V. multiplier (age 34) yields higher loss of earning capacity; additional compensation of Rs.50,350 awarded, including Rs.15,000 for loss of amenities and Rs.5,000 for future medical expenses; sum payable by the insurer with 9% interest, except Rs.5,000 for future treatment which is non-interest bearing. Two months’ time granted to deposit the enhanced amount. The award for other heads remains unchanged.
- Final Disposition
- Appeal partly allowed; Tribunal’s award enhanced by Rs.50,350 payable by the insurer with 9% interest (Rs.5,000 for future treatment exempt from interest); two months to deposit; other heads remain as awarded.
Parties to the Case
Appellants / Petitioners
- Santosh, s/o. Sreedharan
Respondents
- Samson Brijith
- Augustine Joseph
- The New India Assurance Co. Ltd
Legal Representation & Advocates
Counsels for Petitioners
- • Adv. Sri. T.B. Sarasana
Counsels for Respondents
- • Adv. Sri. C.A. Chacko
- • Adv. Sri. M. Rajagopalan
Case Synopsis & Summary
This MACA arises from an award under OP(MV) No.1320/2003 of the Motor Accidents Claims Tribunal, Alappuzha, which awarded Rs.1,27,000 to the claimant for injuries from a motor vehicle accident caused by the rash and negligent driving of the vehicle owned by the second respondent and insured with the third respondent. The MACA challenges the quantum of compensation. The Tribunal held negligence and assessed heads such as loss of earning, medical expenses, transport, bystander expenses, nourishment, clothing, pain and suffering, loss of one tooth, permanent disability and loss of earning power, and loss of amenities. The appellant contends the Tribunal erred in income fixation: Ext.A5 suggested Rs.6,000/month for a construction worker, but the certificate was not examined; hence the Tribunal’s Rs.1,500/month as income was low. On appeal, the court re-fixes income at Rs.2,500/month and, applying the Sarla Verma multiplier of 16 for age 34 (not 17), recalculates loss of earning capacity to Rs.67,200 (vs. Rs.42,850). It also enhances loss of amenities (Rs.15,000) and future medical expenses (Rs.5,000), and awards an additional Rs.50,350 over the Tribunal’s award. The insurer is directed to pay this amount with 9% interest, except Rs.5,000 for future treatment which is not interest-bearing; two months’ time is given for deposit. The appeal is disposed of accordingly.
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellant contends that his true income as a construction worker was at least Rs.6,000 per month (per Ext.A5) and that the Ext.A5 certificate was not examined; hence the Tribunal’s fixation of Rs.1,500 monthly income is unjust. With a higher income, loss of earnings and loss of earning capacity increase substantially. Age 34 places him in multiplier 16 under Sarla Verma v. Delhi Transport Corporation. The applicant argues for enhanced compensation by recalculating loss of earning capacity, increasing loss of amenities, and awarding future medical expenses, yielding an additional amount of Rs.50,350, payable with 9% interest by the insurer (except Rs.5,000 for future treatment that should not bear interest).
Contentions of Respondents
The respondents contend that the Tribunal’s award was just and proper and that there is no basis to disturb the quantum enhanced by the present judgment. They dispute reliance on Ext.A5 since it was not proved or examined; they maintain that the Tribunal’s assessment reflected the correct income and that the damages and disability were appropriately valued. The insurer asserts liability for the enhanced amount as directed, subject to statutory interest and time for deposit.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sarla Verma v. Delhi Transport Corporation | 2009 ACJ 1298 (SC) | Positive | Court applied the multiplier rule from Sarla Verma to determine the appropriate multiplier for age 34 (16) in calculating loss of earning capacity. |
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