MACA No.2060 of 2021 1 2025:KER:30240 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. 2060 OF 2021 AGAINST THE AWARD DATED 13.04.2021 IN O.P.(M.V.) NO.1970 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM APPELLANT/PETITIONER : 1 GOPI E.K. (DIED) AGED 63 YEARS S/O.KUNJAPPAN, ELAVANATHOPPIL HOUSE, BACK TO HOC TOWNSHIP, IRIMPANAM P.O., THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PINCODE-682309. *ADDL.APPELLANTS 2 TO 4 IMPLEADED ADDL.2 ADDL.3 ADDL.4 SHAILA T.T., AGED 60, W/O LATE GOPI E.K., ELAVANATHOPPIL HOUSE, PUTHIYAROAD, IRIMBANAM P.O., THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682309 PRAVEEN E G., AGED 37 S/O LATE GOPI.E.K, ELAVANATHOPPIL HOUSE, PUTHIYAROAD,IRIMBANAM P.O.,THIRUVANKULAM VILLAGE, KANAYANNUR TALUK,ERNAKULAM DISTRICT, PIN-682039. SREEPRIYA E.G., AGED 30 D/O LATE GOPI E.K., ELAVANATHOPPIL HOUSE, PUTHIYAROAD, IRIMBANAM P.O., THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT,PINCODE:682039 SOLE APPELLANT DIED AND ADDITIONAL APPELLANTS 2 TO 4 IMPLEADED AS LEGAL HEIRS OF DECEASED APPELLANT AS PER ORDER DATED 07.04.2025 IN IA 1/2024) MACA No.2060 of 2021 2 2025:KER:30240 BY ADVS. MATHEWS K.PHILIP T.MANASY MINISHA K DAS RESPONDENT/3RD RESPONDENT : THE DIVISIONAL MANAGER, M/S UNITED INDIA INSURANCE COMPANY LIMITED, JOS TRUST BUILDING, CHITTOOR ROAD, ERNAKULAM, KOCHI-682035. BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.2060 of 2021 3 2025:KER:30240 EASWARAN S., J. -------------------------------- M.A.C.A No.2060 of 2021 ------------------------------------------ Dated this the 7th day of April, 2025 JUDGMENT Originally, the appeal was preferred by the claimant dissatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Ernakulam in O.P.(M.V.) No.1970 of 2017. During the pendency of the appeal, the claimant died and hence his wife and children are impleaded as additional appellants in this appeal. Since the death of the claimant was not on account of the injuries sustained by him in the accident, the claim for enhancement in this appeal can only be proceeded on the assumption that the claimant, if he was alive, would be entitled to only compensation for the injuries sustained in the road traffic accident. 2. On 16.5.2017 at 8.50 p.m., while the claimant, stated to be a Coolie worker, was riding his bicycle through Sea port airport road towards north and when he reached near Makaliyam Temple, a scooter bearing registration No.KL-39-G-9233 driven by the 1st MACA No.2060 of 2021 4 2025:KER:30240 respondent in the claim petition from behind hit on his bicycle. As a result of the accident, the claimant fell down and sustained injuries. On behalf of the claimant, Exts.A1 to A8 documents were produced before the tribunal and PW1 was examined. The claimant suffered disability on account of the injuries sustained by him in the accident. He was examined by the Government Medical College Hospital, Ernakulam and Ext.X1 disability certificate was produced. However, finding that a further examination is required, he was referred to the Government Medical College Hospital, Ernakulam again and in Ext.X2, the disability was noted as 3%. Though the claimant contended that he was earning a monthly income of Rs.20,000/-, the tribunal proceeded to fix the income notionally at Rs.10,500/- and awarded compensation as follows: Heads Amount claimed Amount awarded (In Rs.) Actual loss of income 100000 31500 Transport to hospital and back to home 5000 1500 Damage to clothing and articles 5000 1000 Extra nourishment 20000 3000 Treatment expense 50000 48000 Attendant expenses 10000 8000 Compensation for pain and suffering 100000 60000 Compensation for future 20000 0 MACA No.2060 of 2021 5 2025:KER:30240 treatment expenses Compensation for loss of amenities and enjoyment in life 80000 30000 Compensation for disability 100000 26460 Total 4,90,000/- 2,09,460 Claim amount Rs.4,90,000/- 3. Heard Smt. T. Manasy, the learned counsel appearing for the appellants and Sri. John Joseph Vettikad, the learned counsel appearing for the insurance company. 4. On consideration of the rival submissions raised across the Bar, this Court finds that the appellants are entitled to succeed. The notional income fixed by the tribunal is, per se, unsustainable in the light of the decision of the Hon’ble Supreme Court in Angad Tiwari & Others Vs. National Insurance Co. Ltd. [Civil Appeal No.10950/2024 dated 1-10-2024] [2024 KHC OnLine 8590]. The State of Kerala, vide G.O.(P) No.56/2017/Fin. dated 28.4.2017, has fixed the minimum wage of a Coolie worker at Rs.17,325/-. Therefore, this Court is of the considered view that the appellants are entitled to have the income of the deceased/claimant fixed at Rs.17,325/-. Under the non-conventional heads also, the appellants are entitled to get a reasonable enhancement. 5. Hence, the appeal is allowed as follows: MACA No.2060 of 2021 6 2025:KER:30240 a. The notional income of the deceased is fixed at Rs.17,325/- b. Loss of income Rs.86,625/- (17325x5). The tribunal has already awarded an amount of Rs.31,500/- on that head. The balance is Rs.55,125/- c. Permanent disability Rs.43,659/- (17325x12x7x3/100). The tribunal awarded Rs.26,460/- on that head the balance is Rs.17,199/-. d. Pain and sufferings additional Rs.10,000/- e. Loss of amenities Rs.15,000/- 7. Accordingly, the appellants are entitled to get an amount of Rs.97,324/- (Rupees Ninety Seven Thousand Three Hundred and Twenty Four only ) as enhanced compensation with 8.5% interest per annum from the date of petition till realization with proportionate cost. The insurance company shall deposit the amount within a period of two months from the date of receipt of a copy of this judgment. Appeal ordered accordingly. Sd/- EASWARAN S. JUDGE NS MACA No.2060 of 2021 7 2025:KER:30240 APPENDIX OF MACA 2060/2021 PETITIONER ANNEXURES Annexure DEATH & RELATIONSHIP CERTIFICATES