2025:KER:30622 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 MACA NO. 490 OF 2021 AGAINST THE AWARD DATED 04.05.2019 IN OPMV NO.1153 OF 2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY APPELLANT/PETITIONER: SHIJIN.V.C AGED 29 YEARS S/O. VALSAN, ELECTRICIAN, RESIDING AT VIRIPPULAN CHATHOTH, BHANU ROAD, CHALAD P.O., CHALAD, KANNUR DISTRICT. BY ADV M.V.AMARESAN RESPONDENT/RESPONDENT NO.3: THE NEW INDIA ASSURANCE CO.LTD REPRESENTED BY ITS BRANCH MANAGER, 963/2, SADHOO BUILDING, NEAR MUNICIPAL BUS STAND, KANNUR DISTRICT, PIN-670001. BY ADV THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.490/2021 2 2025:KER:30622 EASWARAN S., J ..................................... MACA No.490 of 2021 ...................................… Dated this the 28th day of March, 2025 JUDGMENT The appeal is preferred by the claimant aggrieved by the award passed in O.P(MV)No.1153/2016 on the file of the Motor Accidents Claims Tribunal, Thalassery. 2. The brief facts necessary for the disposal of the appeal are as follows: The appellant, claiming to be an Electrician, met with an accident on 16.10.2016, while he was riding a motorcycle from Alavil to Chalad and when he reached the place of accident, a Goods Autorikshaw bearing Reg.No.KL-58D/4287 came in a rash and negligent manner and hit against the motorcycle of the appellant, causing serious injuries to him. Immediately after the accident, the claimant was taken to AKG Hospital, Kannur, where he was treated as an inpatient till 24.10.2016. It was further contended that the claimant was an Electrician earning a monthly MACA No.490/2021 3 2025:KER:30622 income of Rs.20,000/- and in support of his contention Exts.A1 to A8 documents were produced. As a result of the accident, the claimant having suffered permanent disability, was examined by the Medical Board and Ext.X1 Disability Certificate was produced. On behalf of the Insurance Company Ext.B1 document was produced. The Tribunal, on appreciation of evidence, found that the claimant could not prove that he was earning a monthly income of Rs.20,000/-. Therefore, the Tribunal proceeded to fix the notional income at Rs.8,000/- and granted the following compensation: Sl. No. Head of Claim Amount Claimed (Rs.) Amount Awarded (Rs.) Basis vital details in a nutshell 1 Loss of earning 2,50,000/- 48,000/- (8000x6) 2 Partial loss of earning -- 3 Transport to hospital 10,000/- 8,450/- (650x13) 4 Extra nourishment 10,000/- 9,000/- (1500x6) 5 Damage to clothing and articles 50,000/- 1,500/- 6 Bystander’s expenses 1,00,000/- 5,850/- (650x9) 7 Medical expenses 63,000/- Ext.A4 series 8 Future medical expenses -- 45,000/- 9 Pain and suffering 2,00,000/- 60,000/- Injuries noted in Ext.A2 & A3 10 Compensation for permanent disability 2,00,000/- 2,44,800/- Ext.X1 11 Compensation for loss of amenities 3,00,000/- 40,000/- 12 Compensation for loss of marriage prospects -- 50,000/- Total 11,20,000/- 5,75,600/- MACA No.490/2021 4 2025:KER:30622 (limited to Rs.10,00,000/-) 3. It is aggrieved by the insufficiency in the grant of compensation, the appellant has approached this Court in the present appeal. 4. Heard, Sri.M.V.Amaresan – learned counsel appearing for the appellant and Sri.Thomas Mathew Nellimoottil – learned counsel appearing for the Insurance Company. 5. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellant is entitled to succeed. 6. As regards the notional income of the appellant is concerned, this Court finds that Tribunal has erred in fixing the same at Rs.8,000/-. Going by the principles laid down by the Hon’ble Supreme Court in Angad Tiwari and Another v. National Insurance Company Ltd. and Another [2024 KHC 8590], this Court finds that the claimant is entitled to have the income fixed in terms of the minimum wage notified by the State of Kerala. In G.O.(P)No.28/2016/Fin. dated 26.02.2016, the State of Kerala has notified the minimum wage as Rs.16,200/-. Therefore this Court finds that an amount of Rs.16,200/- can be fixed as the notional income of the appellant. MACA No.490/2021 5 2025:KER:30622 7. Under the non-conventional heads also, this Court finds that the appellant is entitled to get a reasonable compensation. As an upshot of these discussions, the appellant is entitled to succeed. The appeal is thus allowed and the appellant is entitled for enhanced compensation as follows: Heads Amount awarded by the Tribunal Total compensation awarded in appeal Enhanced amount of compensation Notional income of the appellant is fixed at Rs.16,200/-. Loss of earnings 48,000/- 97,200/- [16200x6] 49,200/- [97200-48000] Pain and suffering 60,000/- 70,000/- 10,000/- [70000-60000] Compensation for loss of amenities 40,000/- 50,000/- 10,000/- [50000-40000] Compensation for permanent Disability 2,44,800/- 4,95,720/- [16200x12x17x15/ 100] 2,50,920/- [495720-244800] Total enhanced amount of compensation 3,20,120/- Accordingly, the appellant/claimant is awarded an additional compensation of Rs.3,20,120/- (Rupees Three lakhs twenty thousand one hundred twenty only) over and above the compensation awarded by the Tribunal with interest @8% per annum from the date of petition till realization together with proportionate costs. The Insurance Company is directed to deposit the aforesaid amount within a period of two months from the date MACA No.490/2021 6 2025:KER:30622 of receipt of a copy of this judgment. While, calculating interest, it is ordered that the appellant will not be entitled for interest for a period of 489 days, which represents the period of delay in filing the appeal. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR