2025:KER:27551 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. 3066 OF 2021 AGAINST THE ORDER/JUDGMENT DATED 26.03.2021 IN OPMV NO.276 OF 2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM. APPELLANT: SAYANA RAFI, AGED 24 YEARS, D/O MUHAMMED RAFI, KOPERETH THODI, SASTHA NAGAR 187, KILIKKOLLOOR P.O, KOLLAM – 691 004. BY ADVS. PRATHEESH.P ANJANA KANNATH RESPONDENT: THE DIVISIONAL MANAGER, M/S NATIONAL INSURANCE COMPANY LIMITED, KOLLAM, PIN – 691 001. BY ADVS. ANZIL SALIM LAL K.JOSEPH(K/677/1997) SURESH SUKUMAR(K/634/1997) M.A.C.A.No.3066 of 2021 2025:KER:27551 -2- THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No.3066 of 2021 2025:KER:27551 -3- J U D G M E N T (Dated this the 28th day of March, 2025) The appeal is preferred against the award passed by the Motor Accidents Claims Tribunal, Kollam in O.P.(MV) No.276/2016. 2. The facts for disposal of the case are as follows: On 24.11.2015 at 3.40 p.m., while the claimant was walking through the road in Sasthamcotta DB college compound, near college main gate, a motorcycle bearing Registration No. KL-61/B- 4275 came in a rash and negligent manner and hit down the claimant. As a result of the accident, the claimant sustained severe injuries. The claimant was immediately taken to the Travancore Medical College Hospital and thereafter, the claimant underwent treatment from Ananthapuri Hospital from 29.05.2016 to 30.05.2016 in connection with the injury. 3. The claimant contended that she was a student and having an age of 19 years. As a result of the injury sustained by her in the accident, she further suffered disability which was sought to be proved through Ext.X1, disability certificate dated 25.07.2019. In support of her contentions, Ext.A1 to A16 documents were produced. The tribunal on appreciation of evidence found that the income of the claimant has to be fixed notionally and therefore, M.A.C.A.No.3066 of 2021 2025:KER:27551 -4- proceeded to fix the income at Rs.500/- for 15 days and granted the following compensations: Sl No. Head of Claim Amount claimed Amount awarded 1 Loss of earning 50,000/- 2 Partial loss of earnings 5,000/- 3 Transport to hospital 10,000/- 5,000/- 4 Extra nourishment 5,000/- 5 Damages to clothing and artilces Medicine Bystander expenses 2,000/- 4,00,000/- 3,000/- 2,500/- 1,17,000/- 21,000/- 6 Compensation for pain and suffering Compensation for continuing of permanent disability Compensation for loss of amenities 40,000/- 46,000/- 70,000/- 2,43,000/- 1,00,000/- 7 Compensation for future treatment 30,000/- 20,000/- Total 10,00,000/- 5,83,500/- 4. Heard Sri.Anjana Kannath, the learned Counsel appearing for the appallent and Sri. Lal K Jospeh, the learned Counsel appearing for the Insurance Company. 5. On consideration of the rival submissions raised across the Bar, this Court finds that the income fixed by the tribunal has to M.A.C.A.No.3066 of 2021 2025:KER:27551 -5- be modified. No doubt the tribunal has taken Rs.500/- per for 15 days. However, going by the decision of this Court in, United India Insurance Co. Ltd. v. Lalitha [2024 KLT Online 2910], the income of a claimant is fixed on a daily wage basis, then the tribunal ought to have fixed the same for 26 days. 6. The nature of injuries sustained by the claimant is narrated in paragraph 10 of the award passed by the tribunal. No doubt, the injury sustained by the claimant is serious enough to award just and fair compensation. However, when the structure of compensation awarded by the tribunal is seen, the tribunal appears to have awarded no compensation towards loss of earnings and also the compensation awarded for pain and sufferings seems to be on a lower side. Therefore it becomes imperative for this Court to modify the award of the Motor Accidents Claims Tribunal, Manjeri. As an upshot of these discussions, the appellant is entitled to succeed and therefore, the appeal is allowed as follows; a) The notional income of the appellant is re fixed at Rs.13,000/- (500 x 26) per month. b) The amount of Rs.78,000/-(13,000 x 6) is awarded under the head of loss of earnings. c) The appellant is entitled to have an additional M.A.C.A.No.3066 of 2021 2025:KER:27551 -6- compensation of Rs.30,000/- under the head pain and sufferings. d) The appellant is entitled for a compensation of Rs.1,78,200/- [13,000 x 12 x 18x 15/100= 4,21,200 – 2,43,000] under the head of loss of disability. Thus, the appellant is entitled for a total enhanced compensation of Rs.2,86,200/- (Rupees two lakhs eighty six thousand and two hundred only). He is entitled for an interest at 8% per annum from the date of petition till realization with proportionate costs. 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 ADS