M.A.C.A. No. 760/2021 : 1 : 2025:KER:29163 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE JOHNSON JOHN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 MACA NO. 760 OF 2021 AGAINST THE AWARD DATED 19.10.2020 IN OP(MV) NO.157 OF 2018 OF III ADDL.M.A.C.T/ ADDITIONAL DISTRICT COURT- IV, KOLLAM APPELLANT/PETITIONER: NIZAR, AGED 52 YEARS, S/O. SHAREEFA BEEVI, NISANA MANZIL, CHANTHAPURA, DECENT JUNCTION P.O, KOLLAM 691 577. BY ADVS. SRI.PRATHEESH.P SMT.ANJANA KANNATH RESPONDENT/2ND RESPONDENT: THE DIVISIONAL MANAGER, M/S. NEW INDIA INSURANCE CO.LTD, KOLLAM 691 001 BY ADV SMT.SAJITHA.S.DHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON 04.04.2025 DELIVERED THE FOLLOWING: M.A.C.A. No. 760/2021 : 2 : 2025:KER:29163 JOHNSON JOHN, J. --------------------------------------------------------- M.A.C.A No. 760 of 2021 -------------------------------------------------------- Dated this the 4th day of April, 2025. JUDGMENT The petitioner in O.P.(MV) No. 157 of 2018 on the file of the Motor Accident Claims Tribunal, Kollam filed this appeal seeking enhancement of compensation. 2. According to the petitioner, on 02.01.2018, while he was driving an auto rickshaw, car driven by the 1st respondent in a rash and negligent manner caused to hit the auto rickshaw and thereby, he sustained serious injuries. The 1st respondent is also the owner of the offending vehicle and the 2nd respondent is the insurer. 3. Before the Tribunal, Exhibits A1 to A19 and Exhibit X1 were marked from the side of the petitioner and no evidence adduced from the side of the respondents. 4. The Tribunal recorded a finding that the accident occurred because of the negligence on the part of the 1st respondent and that respondents 1 and 2 are jointly and severally liable to pay compensation to the petitioner. The Tribunal awarded a total compensation of Rs.5,37,510/- to the petitioner. M.A.C.A. No. 760/2021 : 3 : 2025:KER:29163 5. Heard Sri. Pratheesh P., the learned counsel for the appellant and Sri. Sajitha S. Dharan, the learned counsel for the respondent insurance company. 6. The learned counsel for the appellant argued that the appellant was aged 50 years and earning Rs.15,000/- from his occupation as a driver at the time of occurrence and for the reason that no evidence is adduced to prove the income, the Tribunal fixed only Rs.10,000/- as notional income and the same is on the lower side. It is not in dispute that the appellant was driving an auto rickshaw at the time of occurrence and Exhibit A16 is the driving licence of the appellant. The averments in the claim petition regarding the occupation of the appellant is not specifically denied in the written statement of the insurance company. 7. The learned counsel for the appellant cited the decision of the Honourable Supreme Court in Manusha Sreekumar and Others v. United India Insurance Co. Ltd [2022 KHC Online 7106], wherein the Honourable Supreme Court fixed Rs.15,600/- as the notional income of a driver on the basis of the notification dated 04.09.2015 under the M.A.C.A. No. 760/2021 : 4 : 2025:KER:29163 Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971 prescribing a minimum wage scale of the workers listed in schedule B category III of the Kerala Motor Transport Workers' Payment of Fair Wages Act, 1971. Therefore, I find that the notional income of the appellant can also be fixed as Rs.15,600/- for the purpose of calculating the compensation. 8. On the basis of Exhibit X1 disability certificate, the Tribunal accepted 22% functional disability for the purpose of calculating the loss of earning capacity and the same is not under challenge. The learned counsel for the appellant argued that the Tribunal even after finding that the appellant was aged 50 years at the time of occurrence, applied the multiplier of ‘11’ and the same is not correct. It is pointed out that as per the principles laid down by the Honourable Supreme Court in Sarla Varma v. Delhi Transport Corporation [2010 (2) KLT 802 (SC)], the multiplier applicable for persons aged between 46-50 years is 13. 9. The decision of the Honourable Supreme Court in National Insurance Co. Ltd. v Pranay Sethi [(2017) 16 SCC 680] and Jagdish v. Mohan [(2018) 4 SCC 571], shows that the benefit of M.A.C.A. No. 760/2021 : 5 : 2025:KER:29163 future prospects should not be confined only to those who have a permanent job and would extend to self-employed individuals and in case of a self-employed person, an addition of 10% of the established income should be made, where the age of the victim at the time of the accident was between 50-60 years. 10. When the compensation for permanent disability and loss of earning capacity is calculated as per the revised criteria, the appellant will be entitled for Rs.5,88,931/- [(15,600 + 10%) x 12 x 13 x 22/100]. The Tribunal has already granted Rs.2,90,400/- under this head and therefore, an additional compensation of Rs.2,98,531/- is granted to the appellant under this head. 11. The Tribunal granted loss of earnings for 6 months and when the same is calculated as per the revised notional income, the appellant is entitled to Rs.93,600/-. The Tribunal has already granted Rs.60,000/- under this head and therefore, the appellant is granted an additional compensation of Rs.33,600/- towards ‘loss of earnings’. 12. The Tribunal granted bystander's expenses at the rate of Rs.300/- per day for 60 days and considering the facts and M.A.C.A. No. 760/2021 : 6 : 2025:KER:29163 circumstances, I find that bystander's expenses can be calculated at the rate of Rs.400/- per day for 60 days and therefore, the appellant is granted an additional compensation of Rs.6,000/- towards bystander's expenses. Considering the nature of injuries and period of treatment, I find that the compensation granted by the Tribunal under all other heads are reasonable and requires no interference. 13. Accordingly, the appellant is entitled to the enhanced compensation as given below: Particulars Compensation awarded by the Tribunal (Rs.) Additional amount granted by this Court (Rs.) Permanent disability and loss of earning capacity 2,90,400/- 2,98,531/- Loss of earnings 60,000/- 33,600/- Bystander's expenses 18,000/- 6,000/- Total enhanced compensation 3,38,131/- 14. Thus, a total amount of Rs.3,38,131/- (Rupees Three Lakhs Thirty Eight Thousand One Hundred and Thirty One only) is awarded as enhanced compensation. The said amount shall carry interest at the rate of 9% per annum from the date of the application till realization. The M.A.C.A. No. 760/2021 : 7 : 2025:KER:29163 appellant would also be entitled to proportionate costs in the case. The claimant shall furnish the details of the bank account to the insurance company for transfer of the amount. The appeal is allowed as above. sd/- JOHNSON JOHN, JUDGE. Rv