2025:KER:22963 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.3628 OF 2021 AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.801 OF 2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOZHIKODE/IV ADDITIONAL MACT, KOZHIKODE APPELLANT/PETITIONER MISS.SHYAMNA K.BABOO, AGED 31 YEARS, (AADHAR NO.931066142685), D/O. K.BABURAJAN, SAYOOJYAM, H.NO.50/2069, ILLIKKAL PARAMBU, NORTH BEYPORE (PO), KOZHIKODE-673 015. BY ADVS. A.V.M.SALAHUDDEEN A.D.DIVYA RESPONDENT/3 RD RESPONDENT THE NEW INDIA ASSURANCE COMPANY LIMITED FEROKE BRANCH, 1ST FLOOR, MADHAVI BUILDING, MAIN ROAD, FEROKE, KOZHIKODE-673 631, REPRESENTED BY BRANCH MANAGER. BY ADVS. AJEESH EMMANUEL TIJIMOL VARGHESE 2025:KER:22963 M.A.C.A No.3628 of 2021 2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:22963 M.A.C.A No.3628 of 2021 3 JUDGMENT This appeal arises from the award passed by the Motor Accidents Claims Tribunal-IV, Kozhikode in O.P (MV) No.801 of 2019. 2. The appellant claiming to be a research scholar met with a road traffic accident on 17.05.2018 while she was travelling in a bus bearing registration No.KL-10-Z- 2077, sitting behind the driver’s seat. When the bus reached near Petta junction, the said bus hit against a tipper lorry bearing registration No.TN 37 AK 2058 and due to the impact, the appellant sustained grievous injuries. In support of the contention, the appellant produced Exts.A1 to A48 documents. The Tribunal on appreciation of evidence on record found that the appellant did not have any evidence to show that she was earning a particular amount, therefore proceeded to fix the income notionally at Rs.10,000/- and granted a total compensation of Rs. 1,25,125/-. Aggrieved by the compensation granted by the Tribunal the appellant 2025:KER:22963 M.A.C.A No.3628 of 2021 4 has approached this court in the present appeal. 3. Heard Smt.Seetha learned Counsel appearing for the appellant and Sri.Ajeesh Emmanuel learned Counsel appearing for the Insurence company. 4. On a consideration of the rival submissions raised across the Bar, this Court is of the considered view that the income fixed by the Tribunal insofar as the research scholar is concerned is on a lower side. It may be true that while fixing a notional income in respect of a student, the Tribunal may not be able to rely on a particular document for the purpose of fixing the income. But at the same time it must be born in mind by the Tribunal that by fixing the notional income of a research student, an endeavor should be made not to fix the same in par with a coolie worker. 5. In Angad Tiwari & Another v. National Insurance Company Ltd, [Civil Appeal No.10950/2024 dated 01.10.2024], [2024 KHC 8590], the Hon’ble Supreme Court Held that the Courts and Tribunal cannot fix the income below the minimum wage. However in the 2025:KER:22963 M.A.C.A No.3628 of 2021 5 present case the appellant is a student therefore it may not be feasible for this court to adopt the income criteria for a coolie worker. Considering the fact that for a coolie worker an amount of Rs.17,325/- is fixed by the state of Kerala as the minimum wage as per G.O(P) No.56/2017/Fin dated 28.04.2017. This Court deems it appropriate to fix the income at Rs.20,000/-. 6. The claim for enhancement under the various non conventional heads also has to be considered in the light of the nature of the injury sustained by the appellant. In the result, the appeal is allowed and the appellant is entitled for enhanced compensation as follows: a. Income of the appellant is fixed at Rs.20,000/- b. The appellant is entitled to have a compensation of Rs.50,000/- (20,000x3-10,000) under the head loss of earning. c. The appellant is entitled to have a compensation of Rs.10,000/- under the head pain and 2025:KER:22963 M.A.C.A No.3628 of 2021 6 suffering. d. The appellant is entitled to have a compensation of Rs.20,000/- under the head loss of amenities. Thus a total amount of Rs.80,000/- (Rupees Eighty Thousand only) is awarded as the enhanced compensation to the appellant. The amount shall carry 8% interest from 08.05.2019 till realization and quashed. Sd/- EASWARAN S. JUDGE Cak