MACA No.2303 of 2021 1 2025:KER:30219 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 MACA NO. 2303 OF 2021 AGAINST THE AWARD DATED 06.03.2019 IN OP(MV)NO.942 OF 2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM APPELLANT/PETITIONER: SHINI AGED 37 YEARS, D/O.LEELA, PUTHENVILA, NEAR RAMANUJA VILASAM CLUB, KUTTICHIRA, KOLLAM DISTRICT, PIN - 691 005. BY ADVS. SRI. PRATHEESH.P SMT. ANJANA KANNATH RESPONDENT/ 2ND RESPONDENT : THE DIVISIONAL MANAGER, M/S. ORIENTAL INSURANCE CO. LTD 3RD PARTY HUB, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011. BY ADV SRI. P.JACOB MATHEW – STANDING COUNSEL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.2303 of 2021 2 2025:KER:30219 EASWARAN S., J. ------------------------------------ M.A.C.A No. 2303 of 2021 ------------------------------------- Dated this the 7th day of April, 2025 JUDGMENT The appeal is preferred by the claimant aggrieved by the insufficiency in the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Kollam in OP (MV) No.942 of 2016. 2. The brief facts necessary for the disposal of the appeal is as follows:- While the appellant claiming to be a Nursing Supervisor, Medicity Hospital, Kollam met with an accident on 04.07.2015. According to the appellant, she was earning a monthly income of Rs.20,000/-. However, no evidence was produced to substantiate the claim. The tribunal based on the available evidence Exts.A1 to A9 proceeded to fix the income notionally at Rs.10,000/- and awarded a total compensation of Rs.77,000/-. 3. It is aggrieved by the aforesaid fixation, the MACA No.2303 of 2021 3 2025:KER:30219 present appeal is preferred. 4. Heard Smt. Anjana Kannath, the learned counsel appearing for the appellant and Sri. P. Jacob Mathew, learned standing counsel appearing for the insurance company. 5. On consideration of the rival submission raised across the bar this court finds that the avocation of the appellant as a Nursing supervisor at Kollam Medicity Hospital is proved beyond doubt based on the statement recorded in the FIS annexed along with the FIR. Be that as it may, even the tribunal seems to have accepted the above said facts. However, considering the facts that the appellant could not adduce any evidence, the tribunal had to fix the income notionally. In the considered view of this Court, though the aforesaid re-course cannot be found fault with, the appellant was entitled for a better notional income considering her qualification and also avocation. Hence, considering the peculiar facts and circumstances, this court is of the considered view that the notional MACA No.2303 of 2021 4 2025:KER:30219 income of the appellant can be fixed at Rs.13,000/-. 6. The appellant suffered the injuries in the form of fracture of 2nd, 3rd & 4th meta tarsel of the right foot. Considering the nature of the injuries, it is only appropriate that the appellant be granted a reasonable enhancement under various non-conventional heads. In the result the appeal is allowed as follows:- A. The notional income of the appellant is fixed as Rs.13,000/-. Amount awarded by this Court B. Loss of earnings 13000 x 4 -20000= Rs.32,000/- C. Pain and suffering Rs.10,000/- (40,000 – 30,000) D. Loss of amenities Rs.15,000/- (25,000 – 10,000) Total Rs.57,000/- Thus, the total amount of Rs.57,000/- (Rupees Fifty seven thousand only) is awarded as the total enhanced compensation. The aforesaid amount shall carry interest @ 8% per annum from the date of petition till realisation. The insurance company shall deposit the said amount in tribunal within a period of two months from the date of MACA No.2303 of 2021 5 2025:KER:30219 receipt of a copy of this judgment. While calculating interest, the appellant shall not be entitled for interest for the delay of 262 days in filing the appeal. The appeal is ordered accordingly. Sd/- EASWARAN S., JUDGE S.M.K.