2025:KER:31846 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 MACA NO. 1115 OF 2021 AGAINST THE AWARD DATED 20.08.2020 IN OPMV NO.358 OF 2016 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM APPELLANT/ PETITIONER : RAJAGOPALAN NAIR, AGED 64 YEARS S/O.NARAYANAN NAIR, VALLATH HOUSE, (KUNNUMPALLI), VENNIKKULAM P.O., VALANKARA BHAGOM, MALLAPPALLY, PATHANAMTHITTA-689 544. BY ADVS. MATHEWS K.PHILIP SMT.T.MANASY SMT.MINISHA K DAS RESPONDENT S / RESPONDENTS : 1 ABDUL HAKKIM, THEKKEPUTHENVEEDU, PUTHENCHANTHA RPC P.O., VARIKKANI, MUNDAKAYAM, PINCODE-686 538. 2 ANSALANA, HASEENA MANZIL, PUTHENCHANTHA RPC P.O., VARIKKANI, MUNDAKAYAM, PINCODE-686 538. 3 THE ORIENTAL INSURANCE COMPANY LIMITED, MUNDAKAYAM BRANCH, REPRESENTED BY THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, MATTETHRA BUILDING, BAKER JUNCTION, KOTTAYAM-686 601. BY ADV R.GIREESH VARMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.1115/2021 2 2025:KER:31846 EASWARAN S., J ..................................... MACA No.1115 of 2021 ...................................… Dated this the 10th day of April, 2025 JUDGMENT The appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.358/2016. 2. The brief facts necessary for the disposal of the appeal are as follows: On 07.05.2015 at 1.00 p.m., while the appellant was riding a scooter bearing Reg.No.KL-35/E 6625 through Changanacherry – Vazhoor road, an autorickshaw bearing Reg.No.KL-34/9194 negligently driven by the 1st respondent in the claim petition, hit the scooter at Kokkunnepadi Bhagom and thereby the appellant sustained severe injuries. On behalf of the appellant, Exts.A1 to A11 documents were marked and Ext.X1 - Disability Certificate was also produced. As per Ext.X1 - Disability Certificate, the appellant suffered a permanent disability of 6%. The Tribunal, on appreciation of evidence, found that the appellant could not MACA No.1115/2021 3 2025:KER:31846 prove the income claimed by him and therefore proceeded to fix the income of the appellant at Rs.10,000/- and granted the following compensation: Sl.No. Head of claim Amount claimed (in Rupees) Amount awarded (in Rupees) Basis-vital details in a nut shell 1 Loss of earning (partial) 75,000 25,000 60,000 Rs.10,000x6 months 2 Medical and miscellaneous expenses 1,50,000 1,16,180 (acceptable bills for Rs.1,16,180) 3 Bystander expense 23,000 10,000 Rs.250x40 days 1 person 4 Transportation expenses 5,000 3,000 5 Extra nourishment 25,000 8,000 6 Damage to clothing etc 2,000 1,000 7 Pain and suffering 75,000 90,000 8 Loss/reduction in earning capacity 15,000 64,800 10000x12x9x6/100 9 For permanent disabilities 1,30,000 Nil 10 Loss of amenities and conveniences 50,000 15,000 Total Rs.6,00,000 /- Rs.3,67,980/ - Rs.3,67,980/- along with interest at the rate of 8% p.a. from 11.03.2016 3. Aggrieved by the insufficiency in the grant of compensation, the appellant has approached this Court in the present appeal. 4. Heard, Sri.Manasy T. - learned counsel appearing for the appellant and Sri.R.Gireesh Varma – learned counsel appearing for the Insurance Company. MACA No.1115/2021 4 2025:KER:31846 5. On a consideration of the rival submissions raised across the Bar, this Court finds that the notional income fixed by the Tribunal is apparently low and in par with that of a Coolie Worker. As per the evidence in the form of FI Statement, it is clear that the appellant’s avocation as a farmer is indisputably proved. Therefore, the appellant is entitled for a better notional income. Considering the facts and circumstances, this Court is of the view that the appellant is entitled to an amount of Rs.12,000/- as notional income. 6. Under the non-conventional heads also, the appellant is entitled to get a reasonable enhancement in the compensation. Considering the totality of the facts and circumstances of the case, this Court is of the view that the appellant is entitled to succeed. The appeal is thus allowed and the appellant is entitled to 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.12,000/- Loss of earnings 60,000/- 1,08,000/- [12000x9] 48,000/- [108000-60000] Bystander expense 10,000/- 20,000/- 10,000/- MACA No.1115/2021 5 2025:KER:31846 [250x40] [500x40] [20000-10000] Pain and suffering 90,000/- 1,00,000/- 10,000/- [100000-90000] Loss of amenities and conveniences 15,000/- 40,000/- 25,000/- [40000-15000] Loss/reduction in earning power 64,800/- 77,760/- [12000x12x9x 6/100] 12,960/- [77760-64800] Total enhanced amount of compensation 1,05,960/- Accordingly, the appellant/claimant is awarded an additional compensation of Rs.1,05,960/- (Rupees One lakh five thousand nine hundred sixty 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 of receipt of a copy of this judgment. The Insurance Company will be at liberty to recover the enhanced compensation from respondents 1 and 2, as ordered by the Tribunal. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR