2025:KER:28466 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. 2243 OF 2021 AGAINST THE AWARD DATED 21.10.2018 IN OPMV NO.1006 OF 2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA APPELLANT/PETITIONER: JAMES MANUEL AGED 38 YEARS S/O.O.V.MANI, ONATTU HOUSE, AVOLY P.O., MUVATTUPUZHA VILLAGE AND TALUK, ERNAKULAM DISTRICT - 686 677. BY ADVS. S.JIJI M.M.BABY RESPONDENT S / RESPONDENTS : 1 SULAIMAN M.M. AGED 54 YEARS S/O.MAITHEEN, MYALIL HOUSE, KUMARAMANGALAM, EZHALLOOR P.O., THODUPUZHA TALUK, IDUKKI DISTRICT - 685 605. 2 SURESH N.T. S/O.THANKAPPAN, NADUPPARAMBIL HOUSE, TMC VI/257B, THODUPUZHA, IDUKKI DISTRICT - 685 584. 3 THE ORIENTAL INSURANCE CO.LTD. DIVISIONAL OFFICE, JYOTHI SUPER BAZAR, THODUPUZHA - 685 584, REPRESENTED BY DIVISIONAL MANAGER. BY ADVS. LAWRENCE D CUNHA ASHWINI K.B THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.2243/2021 2 2025:KER:28466 EASWARAN S., J ..................................... MACA No.2243 of 2021 ...................................… Dated this the 28th day of March, 2025 JUDGMENT The claimant in O.P(MV)No.1006/2016 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha, is the appellant. 2. The brief facts necessary for the disposal of the appeal are as follows: The appellant/claimant, working as a Supervisor with Vazhakkulam Agro and Food Processing Company Limited, met with an accident accident on 28.08.2016, while he was riding a motorcycle from east to west direction through Thodupuzha – Muvattupuzha NH road and when he reached near the Milk Society at Vazhakkulam, a motor car bearing Reg.No.KL-11/AB 5930 parked on the southern side of the road in a rash and negligent manner opened the door and hit the motorcycle causing the claimant to fall down. At that point, a tempo van MACA No.2243/2021 3 2025:KER:28466 bearing Reg.No.KL-07/AB 7507 came and hit the claimant on the legs causing severe injuries to him. Immediately he was taken to Chazhikkattu Hospital, Thodupuzha, where he was treated as inpatient from 28.08.2016 - 26.09.2016. On behalf of the claimant, Exts.A1 to A12 were marked. The Disability Certificate was marked as Ext.C1. In Ext.C1 – Disability Certificate, a total of 9% was assessed as the disability of the claimant. In support of his contention that he was a earning a monthly income of Rs.13,000/-, the claimant produced Ext.A8 Salary Certificate, which was accepted by the Tribunal. However, the Tribunal deducted certain amounts towards risks allowance and washing allowance, and thus fixed the monthly income at Rs.12,100/-. Still further, while calculating the compensation towards permanent disability, the Tribunal fixed the notional income at Rs.7,000/- and granted the following compensation: Head of claim Compensation for Amount claimed (in Rs.) Amount awarded (in Rs.) Notes Loss of earnings 150000 24200 reasonable Partial loss of earnings 50000 0 rejected Transportation to hospital 7000 2000 reasonable Damage to clothings and other articles 3000 1000 reasonable Extra nourishment 25000 5000 reasonable Medical expenses 150000 119150 Actual MACA No.2243/2021 4 2025:KER:28466 Anticipated expenses 25000 25000 reasonable Bystanders expenses and loss of income of the bystanders 35000 7250 reasonable Pain and sufferings 100000 50000 reasonable Loss of amenities 150000 50000 reasonable Disfigurement and deformities 125000 0 rejected Loss of earning power and loss of expectation of life 55000 0 rejected Continuing disability 75000 68040 reasonable Loss of life expectancy of the injured 75000 0 Total Claim is limited to 1025000 1000000 351640 Just compensation 3. It is aggrieved by the insufficiency in the grant of compensation that the appellant has approached this Court. 4. Heard, Smt.M.M.Baby - learned counsel appearing for the appellant and Sri.Lawrence D. Cunha – 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. A perusal of Ext.A8 - Salary Certificate shows that the monthly income of the appellant is Rs.13,000/-. The Tribunal was not justified in deducting any amount towards allowances, which basically form part of the personal expenses of the appellant. Thus, for the purpose of calculating the MACA No.2243/2021 5 2025:KER:28466 compensation, this Court finds that the appellant is entitled to have his income fixed at Rs.13,000/- per month. Though the learned counsel for the appellant submitted that the income may be fixed in terms of minimum wages, since the appellant has already proved his monthly income by Ext.A8 – Salary Certitificate, this Court is not in a position to accede to the request of the appellant. 6. As regards the finding of the Tribunal that for the purpose of compensation towards permanent disability, the appellant is entitled only for a notional income of Rs.7,000/-, this Court is of the view that the same requires interference. In Robin Babu v. Kunjappan and Others [2015 (4) KHC 91], a Division Bench of this Court held that even if there is no loss of income for a Government Servant, still he is entitled to be compensated for the injuries suffered by him in the accident. 7. As regards the multiplier, the Tribunal took the multiplier as ‘9’ for the claimant aged 45 years. The correct multiplier should be ‘14’. 8. Under the non – conventional heads also , this Court MACA No.2243/2021 6 2025:KER:28466 finds that the appellant is entitled for a reasonable enhancement. As an upshot of these discussions, the appellant is entitled to succeed. The appeal is thus allowed and the appellant is entitled for enhanced compensation as follows: Heads compensation for Amount awarded by the Tribunal Total compensation awarded in appeal Enhanced amount of compensation Notional income of claimant is fixed at Rs.13,000/-. Loss of earnings 24,200/- 39,000/- [13000x3] 14,800/- [39000-24200] Pain and sufferings 50,000/- 65,000/- 15,000/- [65000-50000] Bystander expenses and loss of income of the bystanders 7,250/- 21,750/- [750x29] 14,500/- [21750-7250] Loss of amenities 50,000/- 65,000/- 15,000/- [65000-50000] Continuing disability 68,040/- 1,96,560/- [13000x12x14x 9/100] 1,28,520/- [196560-68040] Total enhanced amount of compensation 1,87,820/- Accordingly, the appellant/claimant is awarded an additional compensation of Rs.1,87,820/- (Rupees one lakh eighty seven thousand eight hundred twenty only) over and above the compensation awarded by the Tribunal with interest @7% 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 MACA No.2243/2021 7 2025:KER:28466 of receipt of a copy of this judgment. While, calculating interest, it is ordered that the appellants will not be entitled for interest for a period of 430 days, which represents the period of delay in filing the appeal. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR