2025:KER:19813 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE EASWARAN S. FRIDAY, THE 7TH DAY OF MARCH 2025/16TH PHALGUNA, 1946 MACA NO.2363 OF 2021 AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.421 OF 2018 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR APPELLANT/PETITIONER BINDHU, AGED 47 YEARS, W/O. PRADEEP, MAKKANAI PARAMBIL HOUSE, MAKKANAI KARA, PARAVUR VILLAGE. BY ADV A.N.SANTHOSH RESPONDENT/3 RD RESPONDENT NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, MUNICIPAL SHOPPING COMPLEX, MAIN ROAD, N.PARAVUR-683 513 REPRESENTED BY ITS MANAGER. BY ADV RAJI T.BHASKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:19813 M.A.C.A No.2363 of 2021 2 JUDGMENT This appeal arises from the award passed by the Motor Accidents Claims Tribunal, N. Paravur in O.P(MV) No.421 of 2018. 2. The brief facts necessary for the disposal of the appeal are as follows: 3. The appellant claiming to be an office staff met with a road traffic accident while travelling as a pillion rider on a scooter bearing registration No.KL-42-L-3251 on 12.03.2018, due to the negligent driving of the Ist respondent in the claim petition, the vehicle skidded and the claimant fell down and sustained injuries. The claimant contended that she was earning a monthly income of Rs.20,000/- and in support of the aforesaid claim she has produced Ext.A1 to A7 documents. She was also examined by the District Medical College Hospital, Thrissur which gave a certificate and was marked as Ext.X1 wherein 5% was fixed as permanent disability. The Tribunal on appreciation 2025:KER:19813 M.A.C.A No.2363 of 2021 3 of evidence found that the claimant was not able to prove that she was drawing an income of Rs.20,000/-, proceeded to fix the monthly income at Rs.10,000/- and granted the following compensation: Sl.No Head of Claim Amount claimed Amount Awarded 1 Damage to clothing 5,000 1,000 2 Medical expenses 4,00,000 1,91,775 3 Transportation expenses 25,000 1,000 4 Bystanders expenses 1,20,000 5,000 5 Extra Nourishment 25,000 1,000 6 Loss of income 2,40,000 10,000 7 Compensation for pain and suffering 5,00,000 50,000 8 Compensation for loss of amenities and enjoyment in life 5,00,000 10,000 9 Compensation for permanent disability 10,00,000 84,000 10 Future medical expenses 2,00,000 11 Compensation for disfiguration 2,00,000 12 Compensation for loss of earning capacity 10,00,000 Total Rs.42,15,000/- limited to 25,00,000/- Rs.3,53,775/- 2025:KER:19813 M.A.C.A No.2363 of 2021 4 4. Heard Sri.A.N Santhosh, the learned counsel appearing for the appellant and Smt. Raji T. Bhaskar, the learned Standing Counsel appearing for the respondent. 5. On consideration of the rival submissions raised across the Bar, this Court is of the considered view that the appellant is entitled to succeed. The notional income fixed at Rs.10,000/- is apparently on a lower side. In Angad Tiwari v. National Insurance Company Ltd, [Civil Appeal No.10950/2024 dated 01.10.2024], [2024 KHC 8590], the Hon’ble Supreme Court Held that by fixing the notional income of the claimant, the same shall not be fixed below than the minimum wage. 6. In terms of G.O(P)No.56/2017/Fin dated 28.04.2017, the Government of Kerala has fixed the minimum wage in terms of the provisions of the minimum wages Act. The minimum wages thus fixed is Rs. 17,325/- and therefore this court of the view that the claimant/appellant is entitled to have 2025:KER:19813 M.A.C.A No.2363 of 2021 5 an income fixed at Rs. 17,325/- 7. As regards to the matter of enhanced claim for compensation under the non-conventional heads, this Court is of view that the claimant is entitled for a reasonable enhancement. 8. Hence, this appeal is allowed. The claimant is entitled for enhanced compensation as follows: a). The income of the appellant is fixed as Rs.17,325/- b). The appellant is entitled for a compensation of Rs.10,000/- under the head of pain and sufferings. c). The appellant is entitled for a compensation of Rs. 20,000/- under the head of loss of amenities. d). The appellant is entitled for a compensation of Rs. 61,530/- (17,325x12x14x5/100-84,000) under the head of loss of permanent disability. e) The appellant is entitled for a compensation of Rs.41,975/- (17,325x3 -10,000) under the head of loss of earnings. 2025:KER:19813 M.A.C.A No.2363 of 2021 6 Thus a total amount of Rs.1,33,505/- (Rupees One lakh Thirty Three Thousand Five Hundred and Five only) is awarded as the enhanced compensation to the appellant. The amount shall carry 8% interest from the date of petition till realization. The Insurance Company shall deposit the enhanced compensation together with interest and proportionate costs within a period of two months from the date of receipt of a copy of this judgment. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE Cak