M.A.C.A No.2069 of 2021 1 2025:KER:27023 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. 2069 OF 2021 AGAINST THE AWARD DATED 27.04.2021 IN O.P.(M.V.) NO.779 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA APPELLANT/PETITIONER : JAIMON P.V AGED 37 YEARS S/O. VIJAYAN, PARETHAZHATHU HOUSE, THUPPAMPADI, VETTICKAL P.O, MULANTHURUTHY VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT - 682314. BY ADV A.N.SANTHOSH RESPONDENT/2ND RESPONDENT: THE DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD, MUVATTUPUZHA, REPRESENTING ORIENTAL INSURANCE COMPANY LTD, MARKET JUNCTION, THRIPUNITHURA - 686673. BY ADV ANITHA MATHAI MUTHIRENTHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A No.2069 of 2021 2 2025:KER:27023 EASWARAN S., J. -------------------------------- M.A.C.A No.2069 of 2021 ------------------------------------------ Dated this the 28th day of March, 2025 JUDGMENT The appeal arises out of the award passed by the Motor Accidents Claims Tribunal, in O.P.(M.V.) No.779 of 2018 on the files of the Motor Accidents Claims Tribunal, Muvattupuzha. 2. The brief facts necessary for the disposal of the appeal are as follows: The appellant, claiming to be a Heavy Motor Vehicle driver, met with a road traffic accident on 25.5.2018 at 9.30 p.m. while he was riding a motorcycle bearing registration No.KL-39/L-7690 through Pulickamaly-Thoppumpady road from east to west. When the motorcycle reached the place of the accident, a car bearing registration No. KL-39-A-3936 came from the opposite direction in a rash and negligent manner and hit against the motorcycle. The claimant contended that he was drawing an income of Rs.25,000/- per month. In support of his contention, Exts.A1 to A17 documents were produced before the tribunal. The claimant was also examined by the Disability Assessment Board constituted by the Government Medical College Hospital, Kottyam and Ext.C1 is the certificate which shows that the claimant sustained M.A.C.A No.2069 of 2021 3 2025:KER:27023 disability at 19.79%. The tribunal, on appreciation of the evidence found that the claimant could not prove that he was drawing a monthly income of Rs.25,000/-, proceeded to fix the income notionally at Rs.10,000/- and granted the following compensation: Head of claim compensation for Amount claimed (in Rs) Amount awarded (In Rs.) Notes Loss of earnings 150000 30000 reasonable Partial loss of earnings 10000 0 Not entitled Transport to hospital 8000 8000 reasonable Extra nourishment 10000 10000 reasonable Damage to clothings 1000 1000 reasonable Medical expenses and attendant 450000 17762 actual Attendant expenses 6000 9500 reasonable Future medical treatment 25000 25000 reasonable Pain and suffering 100000 40000 reasonable Continuing and permanent disability 500000 379968 reasonable Loss of amenities and enjoyments in life 150000 20000 reasonable Compensation for the loss of earning power 500000 0 Not entitled Total Claim is limited to Rs.10,50,000/- 19,10,000 541230 Just compensation 3. Aggrieved by the insufficiency of compensation granted by the tribunal, the appellant approached this Court in the present appeal. 4. Heard Sri. A.N. Santhosh, the learned counsel appearing for the appellant and Sri. Anitha Mathai Muthirenthy, the 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. The notional income fixed by the tribunal is, per se, unsustainable in the light M.A.C.A No.2069 of 2021 4 2025:KER:27023 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 appellant is entitled to have his income fixed at Rs.17,325/- . Under the non conventional heads also, the appellant is entitled to get reasonable compensation. Head of claim compensation for Amount awarded by this Court (in Rs) Amount awarded by the tribunal (In Rs.) Enhanced compensation Loss of earnings 1,03,950 17325x6 30000 73950 Permanent disability 6,58,295 17325x12x1 6x19.79/100 379968 2,78,327 Pain and sufferings 50000 40000 10000 Loss of amenities and enjoyments in life 40000 20000 20000 Total enhanced compensation 3,82,277 6. Accordingly, the appellant is entitled to get an amount of Rs.3,82,277/- (Rupees Three Lakh Eighty Two Thousand Two Hundred and Seventy Seven only) as enhanced compensation with 7% interest per annum from the date of petition till realization with proportionate cost. The appellant shall furnish the details of his bank account to the insur- ance company for deposit of the amount. The insurance company shall M.A.C.A No.2069 of 2021 5 2025:KER:27023 deposit the amount in the bank account of the appellant 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