High Court of KeralaSingle JudgeAppeal allowed; award enhanced and modified as ...

Suneesh Kumar S/o Sasidharan Nair v Wilson s/o Lonappan and Reliance General Insurance Co. Ltd.

Case / Petition Number:MACA.No.1763 OF 2014

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2020-09-16
Court Decision / Holding
MACA is allowed; the judgment modifies the MACT award by recalculating several heads of compensation (loss of earnings, transport, nourishment, medical, pain and suffering, permanent disability, etc.) culminating in a total enhanced amount of Rs.6,80,085 from the Tribunal’s Rs.4,61,945. The insurer is directed to pay within three months from the date of the order, with interest at 7.5% per annum from the date of application before the Tribunal, after accounting for any payments already made. The insurer must deposit the award after satisfying court fee obligations and provide payment via NEFT/RTGS into the claimant’s Nationalized Bank account, with the claimant furnishing bank and Aadhar details within a month. The Tribunal retains jurisdiction to execute the order if needed.
Final Disposition
Appeal allowed; award enhanced and modified as per the detailed head-by-head re-computation; payment to be made within three months with interest; NEFT/RTGS disbursal and court-fee considerations to be satisfied.

Parties to the Case

Appellants / Petitioners

  • Suneesh Kumar S/o Sasidharan Nair

Respondents

  • Wilson s/o Lonappan
  • Reliance General Insurance Co. Ltd.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri P.V. Baby

Counsels for Respondents

  • • Sri K.B. Ramanand

Case Synopsis & Summary

This is a Motor Accident Claims Appeal (MACA) from Kerala High Court challenging the award of the Motor Accidents Claims Tribunal at Irinjalakuda in MACT case No. OPMV 1213/2009 dated 30-04-2014. The appellant, a motorcycle rider, sustained severe injuries in a road accident on 16-05-2009 and seeks enhancement of compensation. The Tribunal had reportedly fixed the claimant’s income at Rs.3,500 per month (while Ext.A11 claimed Rs.5,000) and assessed total disability at 36% with no future prospects, applying a multiplier of 17 (instead of 18 due to the claimant’s age 22). The Tribunal used a disability certificate (Ext.A9) and medical evidence to compute damages including loss of earnings, transport, nourishment, medical expenses, pain and suffering, and permanent disability. The appellant relies on Supreme Court precedents such as Ramachandrappa v. Manager, Royal Sundaram (2011) and National Insurance Co. v. Pranay Sethi (2017) to urge incremental income enhancement for unorganised workers and future prospects. The High Court ultimately enhances several heads of the award and awards a total enhanced sum of Rs.6,80,085, directing payment with interest and specific procedural steps for disbursal. The appeal is allowed and the award is modified accordingly.

Legal Doctrines & Maxims

  • Incremental enhancement principle for unorganised sector workers (Pranay Sethi, 2017) 16 SCC 680
  • Use of MC Bride's Scale for disability assessment

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends he was a head load worker with a claimed monthly income of Rs.5,000 (Ext.A11); the Tribunal accepted Rs.3,500 and awarded loss of earnings for four months. The 36.48% disability ( Ext.A9) was accepted but no future prospects were granted. The appellant argues for incremental income growth in line with Supreme Court principles; he suggests the notional income should be Rs.7,000 by 2008 applying incremental increases (Rs.500 per year) in view of cost-of-living and economic progress. He cites Ramachandrappa (2011) and Pranay Sethi (2017) to justify escalating compensation for unorganised sector workers including a head load worker; seeks enhancement of transport, nourishment, and other heads; challenges the Tribunal’s reliance on the 36% disability where more should be added (10% future prospects) and for a higher multiplier appropriate to his age. PW1 and PW2 reports corroborate the medical disability; Ext.A11 is argued to be admissible evidence of income.

Contentions of Respondents

The respondents contend the Tribunal’s assessment of 36% total disability is correct and that there is no justification for substantial enhancement or future prospects beyond what was awarded by the Tribunal. They note that the income figure used (Rs.3,500) is defensible against Ext.A11, which was not proved, and that the headload income claim was not contested aggressively by the insurer. They argue there is insufficient medical evidence to justify a higher disability percentage or for additional future prospects. They also emphasize the insurer’s ongoing liability under the policy and the need to adhere to the Tribunal’s structure for compensation and costs, including the period of loss of earnings and the corresponding multiplier. They challenge incremental wage claims as speculative without robust documentary support and stress compliance with court fees and statutory deductions."},

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited(2011) 13 SCC 236PositiveCited to support incremental income enhancement in unorganised sector workers and the use of corresponding principles in determining compensation.
National Insurance Co. Ltd. v. Pranay Sethi(2017) 16 SCC 680PositiveCited for the principle of incremental enhancement in compensation for even self-employed/unorganised sector workers and its applicability to multipliers and future prospects.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**MACA.No.1763 OF 2014 1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942** ## **MACA.No.1763 OF 2014** **AGAINST THE AWARD IN OPMV 1213/2009 DATED 30-04-2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA** ## **APPELLANT/S:** **SUNEESH KUMAR S/O.SASIDHARAN NAIR,,ATHKKAPPILLY HOUSE,THIRUMUDIKUNNU,SRAMBIKIKAL DESOM,KORATTYKISHAKKUMMURI VILLAGE,KORATTY EAST.P.O,MUKUNDAPURAM TALUK,THRISSUR DISTRICT.** **BY ADV. SRI.P.V.BABY** ## **RESPONDENT/S:** **1 WILSON S/O.LONAPPAN,THELAPPILLY PARAMAL HOUSE,PORATHODU,KARUVANNOOR.P.O,PIN-680711.** **2 RELIANCE GENERAL INSURANCE CO.LTD THRISSUR-680001.** **R2 BY ADV. SRI.K.B.RAMANAND** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **MACA.No.1763 OF 2014 2** ## **JUDGMENT** **The appellant while riding a motor cycle was hit by a car on 16.05.2009. The appellant approached the Tribunal for compensation for the injuries caused. Before this Court, the appellant claims enhancement of the compensation amount.** **2. The appellant claims that he was a head load worker with a monthly income of Rs.5,000/-. A certificate was produced as Ext.A11, which was not proved. The Tribunal adopted a monthly income of Rs.3,500/- and granted loss of earnings for four months. The permanent disability was assessed at 36.48%. The Tribunal adopted 36% and did not grant any future prospects. The multiplier adopted was 17 instead of 18 as the appellant was aged 22 years.** **3. 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** ## **MACA.No.1763 OF 2014 3** **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 considering the increase in cost of 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 would have been entitled to an income of Rs.7,000/- in the year 2008, going by the incremental enhancement of the wages. The appellant has claimed only Rs.5,000/- and the notional income so claimed has to be accepted and confined to that.** **4. The appellant suffered injuries as follows: Lacerated wound over medial aspect (R) knee and upper (R) leg, fracture dislocation of (R)hip (acetabulam fracture with fracture** ## **MACA.No.1763 OF 2014 4** **femoral head PIPKIN I), fracture shaft of left femur, sciatic nerve palsy (R), lacerated wound (R)knee postero medial aspect. The appellant underwent treatment for CILN (L) femur + secondary suturing (R)knee, CMR (R)hip. Wound debridement + loose suturing + below knee Upper tibial pin traction. The appellant is seen to have suffered the following as recorded by the Tribunal:** _**“PW2 has examined PW1 after the treatment and issued Ext.A9 disability by which mal united deformed head of ® femur protrusio acetabula, limitation of flexion of ® hip, extension, abduction due to post traumatic partial ankylosis of ® hip, weakness of abduction of ® hip, thin adherent ugly scar on the ® knee with limitation of flexion of ® knee, residual ® lateral poplital nerve palsy with foot drop. Functionally he has disability to squat, to climb up and down, to run, to jump, to press,**_ ## **MACA.No.1763 OF 2014 5** _**pedal or kick with each leg, to stand or wald for long, to stand on ® leg alone assessing the disability of 36.48% under the MC Brides Scale. Ext.A9 is based on the radiological report, treatment certificate assessing the disability of hip and both legs and it is taken as 36% for compensation.”**_ **5. The medical records produced as Ext.A4 shows that the appellant was subjected to inpatient treatment for 41 days and the treatment continued even thereafter. The accident occurred on 16.05.2009 and there is evidence to show that there was constant visit to the hospital till 11.11.2009, i.e., for about six months. In such circumstances, loss of earnings can be safely adopted for a period of ten months.** **6. The Tribunal adopted 36% total disability for the appellant. Considering the** ## **MACA.No.1763 OF 2014 6** **fact that the appellant had suffered the disabilities as set out in the Tribunal's order based on the disability certificate which was also proved by examining the Doctor, this Court is of the opinion that 10% should be added for future prospects, especially since the appellant claims that he was a head load worker, which claim was not seriously challenged by the Insurance Company. There is no scope for enhancement of the disability percentage since even the evidence of the appellant and the doctor examined as PW 1 and 2 does not claim any functional disability above that assessed by the doctor. The appellant is also entitled to incremental increase in the Transportation charges and substantial enhancement for extra nourishment, considering the nature of injuries.** **7. Accordingly, the following enhancements are made to the award passed by the Tribunal:** **MACA.No.1763 OF 2014 7** |**Sl.**<br>**No.**|**Head of Claim**|**Amount**<br>**awarded**<br>**by the**<br>**Tribunal**<br>`|**Total amount**<br>**after**<br>**enhancement in**<br>**appeal**<br>`| |---|---|---|---| |**1**|**Loss of earnings**|**14000**|**50000**| |**2**|**Transportation**<br>**expenses**|**3000**|**5000**| |**3**|**Damage to clothing**|**500**|**500**| |**4**|**Extra nourishment**|**500**|**10000**| |**5**|**Bystander's expenses**|**6150**|**6150**| |**6**|**Medical &**<br>**miscellaneous**|**95755**|**95755**| |**7**|**Pain and suffering**|**50000**|**50000**| |**8**|**Permanent disability**|**257040**|**427680**<br>**[5000*110%**<br>***12*18*36%]**| |**9**|**Loss of amenities**|**30000**|**30000**| |**10**|**Disfiguration**|**5000**|**5000**| ||**Total**|**461945**|**680085**| **MACA would stand allowed. The payment as** **per the award and the modification made herein shall be made within three months with interest as directed by the Tribunal @ 7.5% from the date of application before the Tribunal, 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** **MACA.No.1763 OF 2014 8** **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. The transfer/deposit of the award amount shall be made by the Insurance Company after first satisfying the liability to Court Fee payable by reason of the amounts awarded exceeding that claimed in the application; deducting the same from the award.** ## **Sd/-** ## **K.VINOD CHANDRAN** **JUDGE** **uu** **16.09.2020**