2025:KER:30634 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. 191 OF 2021 AGAINST THE AWARD DATED 27.10.2017 IN OPMV NO.467 OF 2012 OF II ADDL.M.A.C.T., PATHANAMTHITTA APPELLANT/PETITIONER IN THE OP(MV): LINU THOMAS AGED 45 YEARS S/O. P.K.THOMAS, KIZHAKKE PARAMBIL VEEDU, KALLUMKAL P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT BY ADV SMT.ANNIE M.ABRAHAM RESPONDENT/2ND RESPONDENT IN THE OP(MV): UNITED INDIA INSURANCE COMPANY REP BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KIZHAKKEDATHU BUILDING, MAIN ROAD, PATHANAMTHITTA-689 001 SRI. P. K MANOJKUMAR-SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.191/2021 2 2025:KER:30634 EASWARAN S., J ..................................... MACA No.191 of 2021 ...................................… Dated this the 28th day of March, 2025 JUDGMENT The appeal is preferred by the claimant, aggrieved by the award passed by the Motor Accidents Claims Tribunal - III, Pathanamthitta, in OP(MV)No.467/2012. 2. The brief facts necessary for the disposal of the appeal are as follows: On 30.04.2012 at about 12.45 pm, while the appellant/claimant was driving a scooter bearing Reg.No.KL-03- T-3390 from south to north through Thiruvalla – Changanacherry public road and when he reached near Perumthuruthi junction, another vehicle bearing Reg.No.KL-33-B-6858 driven in a rash and negligent manner hit against the scooter of the appellant, thus causing him severe injuries. The appellant/claimant contended that he was working as an office staff in a courier service company and was drawing an income of Rs.15,000/- per MACA No.191/2021 3 2025:KER:30634 month. In support of his contention, the appellant produced Exts.A1 to A15 documents. Ext.A12 is the Salary Certificate issued by the First Flight Couriers Ltd., which shows that the appellant’s monthly salary was Rs.10,248/-. The appellant further contended that he had suffered permanent disability on account of the injuries sustained by him in the accident. In support of his contention, Ext.A10 Disability Certificate was relied on. The Tribunal, however, proceeded to fix the notional income of the appellant at Rs.7,000/-, reduced the percentage of disability to 7% and granted the following compensation. Sl. No Head of Claim Amount Claimed Amount Awarded Basis vital details 1 Loss of earnings 40000 28000 7000x4 2 Partial loss of earning Nil Nil 3 Transport to hospital 3000 1000 4 Extra nourishment 2000 5000 5 Damage to clothing and articles 1000 1000 6 Medical and treatment expenses 64000 74075 Ext.A11 and Ext.A15 series 7 Bystander’s expenses -- 12000 300x40 8 Pain and sufferings 50000 50000 Considering the injuries 9 Compensation for continuing or permanent disability 200000 88200 10 Compensation for loss of earning power 40000 Nil 11 Loss of amenities of life -- 30000 Considering the injuries MACA No.191/2021 4 2025:KER:30634 Total Rs.4,00,000/- Rs.2,89,275/- 3. Aggrieved by the insufficiency in the grant of compensation, the appellants have approached this Court. 4. Heard, Sri.T.K.Biju [Manjinikara] – learned counsel appearing for the appellant and Sri.P.K.Manoj Kumar – learned counsel appearing for the Insurance Company. 5. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellants are entitled to succeed. 6. When the Insurance Company did not dispute the documentary evidence produced on behalf of the appellant, the Tribunal was not justified in reducing the amount covered under Ext.A12 Salary Certificate and fix the same on a notional basis at Rs.7,000/-. Therefore, this Court is of the view that the appellant is entitled to have his salary fixed at Rs.10,248/-. 7. As regards the compensation towards permanent disability, this Court finds that the Tribunal had reduced the percentage of disability without referring the claimant to the Medical Board. In Manikantan G. v. Janardhanan Nair and MACA No.191/2021 5 2025:KER:30634 Others [2021 (5) KHC 305], this Court held that the Tribunal cannot reduce the percentage of disability without referring the claimant to the Medical Board. Therefore, the inevitable conclusion is that the appellant is entitled to have his disability restored at 10%, as found under Ext.A10. 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 Amount awarded by the Tribunal Total compensation awarded in appeal Enhanced amount of compensation Notional income of the appellant is fixed at Rs.10,248/-. Permanent disability of the appellant is restored to 10%, as per Ext.A10. Loss of earnings 28,000/- 61,488/- [10248x6] 33,488/- Pain and sufferings 50,000/- 60,000/- 10,000/- [60000-50000] Loss of amenities of life 30,000/- 40,000/- 10,000/- [40000-30000] Compensation for continuing or permanent disability 88,200/- 1,84,464/- [10248x12x15x10/ 100] 96,264/- Total enhanced amount of compensation 1,49,752/- Accordingly, the appellant/claimant is awarded an additional compensation of Rs.1,49,752/- (Rupees One lakh forty nine thousand seven hundred fifty two only) over and above the compensation awarded by the Tribunal with interest @9% per MACA No.191/2021 6 2025:KER:30634 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 of receipt of a copy of this judgment. While, calculating interest, it is ordered that the appellant will not be entitled for interest for a period of 872 days, which represents the period of delay in representing the appeal. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR