High Court of KeralaSingle JudgeAppeal allowed; enhanced compensation; payment ...

Sony John v United India Insurance Co. Ltd

Case / Petition Number:MACA.No.2504 of 2012

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2020-08-10
Court Decision / Holding
Appeal allowed; enhanced compensation for the appellant across heads as set out in the modified award. The Court accepted the 35% disability for computation of loss of future earnings and applied the incremental income principle in line with Pranay Sethi and Ramachandrappa. The enhanced award totals Rs. 11,28,759, with payment to be made within three months from the date of the judgment. Interest at 8% per annum is directed on the enhanced amount after deducting amounts already paid or deposited; anticipated medical expenses shall not bear interest. The Insurance Company is directed to credit via NEFT/RTGS after obtaining bank details from the claimant.
Final Disposition
Appeal allowed; enhanced compensation; payment within three months with 8% interest on enhanced amount; NEFT/RTGS payment; Anticipated medical expenses not bearing interest.

Parties to the Case

Appellants / Petitioners

  • Sony John

Respondents

  • The United India Insurance Co. Ltd

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri K.K. Appu
  • • Sri Isac Sanjay
  • • Sri T.M. Joseph Shylan

Counsels for Respondents

  • • Sri Rajan P. Kaliyath

Case Synopsis & Summary

Sony John, a 25-year-old appellant, sustained injuries in a road traffic accident on 11 March 2007 while riding a motorcycle, resulting in permanent disability of 35%. He challenged the Motor Accidents Claims Tribunal’s (Ernakulam) award in MACA 2504/2012, arguing that the Tribunal undervalued his income (Rs 4,000 per month) and erroneously reduced disability from 35% to 15%, thereby undercompensating future earnings and related heads. He asserts that the evidence—though not conclusively proving steady employment as an Offset Printer—establishes a credible earning capacity and that Supreme Court precedents, notably Ramachandrappa v. Manager, and National Insurance Co. Ltd. v. Pranay Sethi, support applying notional income adjustments and future-prospects enhancements even in unorganised sectors. The Tribunal’s reliance on a fixed notional income and its failure to award future prospects are challenged. The court examines the medical board’s assessment (35% permanent disability) and rejects the Tribunal’s discounted figure, holding that the 35% disability should be utilized for loss of future earnings. It also considers the potential for incremental income over time in line with Pranay Sethi. Consequently, the court allows the appeal and recalculates compensation across heads—loss of earnings, medical expenses, pain and suffering, loss of amenities, by significant enhancement and a corrected disability assessment—issuing a detailed enhanced award.

Legal Doctrines & Maxims

  • Incremental income for future prospects in unorganised sector (Pranay Sethi)
  • Notional income principle for unorganised sector workers (Ramachandrappa)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the Tribunal erred by fixing the notional monthly income at Rs. 4,000 despite evidence of potential earnings as an Offset Printer and the possibility of annual income augmentation. He submits that the Medical Board’s finding of 35% permanent disability must be accepted for computing loss of future earnings, rather than the Tribunal’s reduction to 15%. The appellant invokes Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. (2011) 13 SCC 236 and National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 to press for an incremental approach to compensation, including a notional income of Rs. 6,000 in 2007 based on cost-of-living increases, and to award future prospects. He asserts that even without direct proof of current employment, the nature of the injury and the industry standard justify a higher notional income and an uplift to cover future prospects and medical costs. The appellant seeks enhancement across all heads, including loss of earnings, medical expenses, pain and suffering, loss of amenities, and anticipated expenses for treatment, with appropriate interest and a direction to pay via NEFT/RTGS within three months.

Contentions of Respondents

The respondents contend that the Tribunal’s assessment was reasonable given the evidence, noting that the appellant did not produce conclusive proof of actual employment as an Offset Printer. They argue that the notional income adopted by the Tribunal was within accepted practice and that there is no basis to assume prospective earnings beyond what is proved. They maintain that the disability reduction to 15% was a factual determination supported by the medical evidence and that there is no requirement to award future prospects when not established. They cite the lack of a formal job in the immediate post-accident period and emphasize that increased medical and other expenses should be borne by the claimant only to the extent supported by the record, and that the Tribunal’s order, within the law, should be preserved pending any acceptable increase in compensation.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited(2011) 13 SCC 236PositiveCited to justify notional income for unorganised sector and incremental income enhancements; used to support fixing notional income (Rs.6000) in 2007.
National Insurance Co. Ltd. v. Pranay Sethi(2017) 16 SCC 680PositiveCited for principle of incremental addition for future prospects in self-employed/unorganised sector.

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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** **MONDAY, THE 10TH DAY OF AUGUST 2020 / 19TH SRAVANA, 1942** ## **MACA.No.2504 OF 2012** **AGAINST THE AWARD IN OPMV 1640/2007 DATED 10-05-2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM** ## **APPELLANT:** **SONY JOHN, AGED 25 YEARS, S/O.JOHN, MANKUZHY HOUSE, P.O.THIRUVANKULAM, THRIPUNITHURA, ERNAKULAM DISTRICT PIN - 682305.** **BY ADVS. SRI.K.K.APPU SRI.ISAC SANJAY SRI.T.M.JOSEPH SHYLAN** ## **RESPONDENT:** **THE UNITED INDIA INSURANCE CO.LTD JOSE TRUST BUILDING, CHITTOOR ROAD, KOCHI PIN - 682 035.** **R1 BY ADV. SRI.RAJAN P.KALIYATH** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA No.2504 of 2012 2 ## **JUDGMENT** **Dated this the 10[th] day of August, 2020** The appellant was a 25 year old who was involved in a road traffic accident on 11.03.2007 while he was driving a motor bike, which was hit by yet another motor bike driven by the 1[st] respondent and owned by the 2[nd] respondent. The appellant as a result of the injuries suffered was disabled permanently to the extent of 35%. The appellant in the appeal seeks enhancement of compensation. 2. It is submitted that the Tribunal had assessed the income very low at Rs.4000/- as against the claim of Rs.6000/-. The appellant was an Offset Printer. He had suffered 35% disability which was proved by a medical certificate issued by the Medical Board constituted in the Medical College Hospital which disability has been reduced to 15% by the MACA No.2504 of 2012 3 Tribunal without any basis. 3. The negligence of the 1[st] respondent, driver of the other motor bike is proved. The policy is also admitted and there is no allegation of violation of conditions of policy. The income adopted by the Tribunal is Rs.4000/- as against the claim of Rs.6000/-. Though it is asserted that the appellant was an Offset Printer nothing was produced to establish the said employment. Even then, 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 selfemployed 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 4 ## MACA No.2504 of 2012 living and 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. Hence even a coolie in the year 2007 would have got Rs.6000/-. In such circumstances the income at Rs.6000/- can be accepted as notional income of the appellant as claimed by the appellant before the Tribunal. 4. As far as the disability is concerned it is seen that the Medical Board constituted at the Government Medical College Hospital has assessed the permanent disability at 35%. There is substantially no reason as found in the Tribunal's order to differ from the disability as assessed by the expert board. The Tribunal reduced the disability to 15%. This Court is of the opinion that the disability at 35% has to be accepted to compute the compensation for loss of future earnings, if not enhanced. 5. The learned Counsel for the appellant ## MACA No.2504 of 2012 ## 5 also claim for future prospects to be added to the notional income so as to compensate the loss of the same by reason of the debilitating effects of the injuries caused in the accident. The Tribunal has found that the job of an Offset Printer has not been affected at all, on which reasoning alone the disability percentage was reduced to 15%. In this context it is to be seen that the appellant had undergone (R)FYP craniectomy + evacuation of acute SDH/Frontal/ basi Temporal contusions and brain oedema. After the operation it is stated that he deteriorated and an evacuation had to be done for reason of a CT Scan indicating EDH. The frequency of the epilepsy was also spoken of by the Doctor who was examined as PW1. 6. The Doctor examined is one attached to the Medical Trust Hospital, Ernakulam and he had issued Annexure A7 to A 11 certificates. Immediately after the accident, it is stated that in a fractional MACA No.2504 of 2012 6 period of two days the injured had suffered three episodes of epilepsy. The Doctor has also deposed that the appellant will have to continue the medicines for three years. In cross-examination by the 3[rd] respondent it is stated that the first epilepsy occurred in the year 2008, then in the year 2011 and last one on 28.03.2004. The appellant is said to be still suffering from the debilitating result of the injuries occasioned which is attempted to be proved by production of Annexure A series certificates of the present Doctor, the appellant is consulting in the very same hospital. 7. Considering the entire circumstances, as also the fact that the appellant claims to be an Offset Printer, it is only proper that the appellant's functional disability be computed at 50%. However, this Court does not find any reason to award future prospects The anticipated medical expenses, considering the fact that the appellant is continued MACA No.2504 of 2012 7 on medication shall also stands enhanced as Rs.125000/-. The appellant also is entitled to enhanced compensation for pain and sufferings as also loss of amenities as awarded by this court in the table below. The following enhancement is granted. |**Sl.**<br>**No.**|**Head of Claim**|**Amount awarded**<br>**by the Tribunal**<br>`|**Total amount**<br>**after**<br>**enhancement in**<br>**appeal**<br>`| |---|---|---|---| |**1**|**Loss of earning**|**36000**|**54000**<br>**(6000x9)**| |**2**|**Miscellaneous**<br>**Expenses**|**5000**|**5000**| |**3**|**Medical Expenses**|**191759**|**191759**| |**4**|**Bystander Expenses**|**5000**|**5000**| |**5**|**Pain and suffering**|**30000**|**50000**| |**6**|**Loss of amenities**|**20000**|**50000**| |**7**|**Anticipated expenses**<br>**for treatment**|**93060**|**125000**| |**8**|**Disability**|**129600**|**648000**<br>**[6000*12*18*50/100]**| ||**Total**|**510419**|**1128759**| MACA would stand allowed. The payment as per the award and the modification made herein shall MACA No.2504 of 2012 8 be made within three months with interest as directed by the Tribunal @ 8%, after deducting the amounts already paid or deposited. The anticipated medical expenses shall not carry any interest. 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 mode to the said account, failing which the Tribunal shall proceed with the recovery in accordance with law. **Sd/K. VINOD CHANDRAN, JUDGE.** **Jma/**