The High Court allowed an appeal against the Motor Accidents Claims Tribunal award. It enhanced compensation by Rs.35,000, refinancing notional income to Rs.3,000/month and adjusting payouts for loss of earnings, pain and sufferings, and loss of amenities.
Compensation enhanced by Rs.35,000 with interest and costs; second respondent ordered to deposit the amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MACA No.710 of 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 10TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA,
1943
MACA NO. 710 OF 2007
AGAINST THE ORDER/JUDGMENT IN OPMV 625/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,NORTH PARAVUR, ERNAKULAM
APPELLANT/S:
RESPONDENT/S:
2 MANAGING DIRECTOR K.S.R.T.C. THIRUVANANTHAPURAM. BY ADVS. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. SRI.P.C.CHACKO(PARATHANAM) SRI.JOY GEORGE, SC, K.S.R.T.C. ALEX ANTONY SEBASTIAN P.A.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 10.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MACA No.710 of 2007
C.S.DIAS, J.
======================
MACA No.710 of 2007
====================== Dated this the 10th day of November, 2021.
JUDGMENT
The original appellant was the petitioner in OP(MV) 625/2002 on the file of the Motor Accidents Claims Tribunal, North Paravur. During the pendency of the appeal, the original appellant died and his legal representatives have been impleaded as additional appellants 2 to 4. The respondents in the appeal were
the respondents before the Tribunal.
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MACA No.710 of 2007
registration No.KL-01/V 451 from Panavila to Thambanoor, when he reached the Panavila Model School Junction, a K.S.R.T.C Bus bearing registration No.KL15/2585 (Bus), driven by the first respondent in a rash and negligent manner, hit the auto-rickshaw. The original appellant, his wife and daughter got injured in the accident. The original appellant was treated as an inpatient at the Medical College Hospital, Thiruvananathapuram for a period of six days, and, thereafter, at the Amritha Hospital, Ernakulam. He was advised to take bed rest for a period of six months. The original appellant was 63 years of age and was working as a Cashier in a private concern. He was earning a monthly income of Rs.5,000/-. The original appellant had sustained serious injuries. The Bus was owned by the second respondent. Hence, the original appellant claimed a total compensation of Rs.2,30,000/- from the respondents, which was limited to Rs.1,50,000/-.
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MACA No.710 of 2007
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awarded by the Tribunal, the petitioner is in the appeal.
appearing for the appellant and Sri.Alex Antony, the learned counsel appearing for the second respondent – insurer.
Negligence and liability
Notional Income
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Cashier in a private concern and he was earning a monthly income of Rs.5,000/-. The original appellant did not produce any material to substantiate his income. The Tribunal fixed the notional monthly income of the original appellant at Rs.1,500/-.
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236] has fixed the notional income of a coolie worker in the year 2004 at Rs.4,500/- per month.
Loss of earnings
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MACA No.710 of 2007
sustained a fracture of the lower end of his right radious and fracture of the left patella, which was managed with an elbow slab and knee cast at the Medical College Hospital, Thiruvananthapuram. It is also on record that the original appellant was treated as an inpatient at the said Hospital for a period of six days.
Compensation for pain and sufferings and loss of amenities
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MACA No.710 of 2007
Rs.50,000/- each under the heads 'pain and sufferings' and 'loss of amenities'. However, the Tribunal awarded an amount of Rs.12,000/- and Rs.8,000/- respectively, under the said heads.
Other heads of claim
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MACA No.710 of 2007
disability, if any, I hold that the Tribunal has awarded reasonable and just compensation.
In the result, the appeal is allowed, in part, by enhancing the compensation by a further amount of Rs.35,000/- (Rupees Thirty Five Thousand only) ( i.e., Rs.15,000/- under the head 'loss of earnings', Rs.13,000/under the head 'pain and sufferings and Rs.7,000/- under the head 'loss of amenities') with interest at the rate of 7% per annum from the date of claim petition till the date of realisation, after deducting interest for a period of 106 days, i.e., the period of delay in filing the appeal and as ordered by this Court on 15.9.2021 in C.M Appln 1/2007, and a cost of Rs.5,000/-. The second respondentinsurer is ordered to deposit the enhanced compensation amount with interest and cost before the Tribunal within a period of sixty days from the date of receipt of a certified copy of the judgment. Immediately on the compensation amount being deposited, the Tribunal shall
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disburse the enhanced compensation amount to the appellants 2 to 4 in equal shares.
Sd/-
sks/10.11.2021
C.S.DIAS, JUDGE
2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal is reasonable and just?
Whether the Tribunal could correctly fix the notional monthly income of the deceased?
Colour shows how this judgement treated each authority
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company LimitedRelied on¶13
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236] · Who else cites this
2 provisions across 1 enactments
Purushothaman
Resmi C.P
Manju C.P.
Swapna C.P.
Vasudevan
Managing Director K.S.R.T.C. Thiruvananthapuram
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
