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2025 DIGILAW 1294 (KER)

Sachin K. Thomas, S/o. Thomas K. v. Bijukumar, S/o. Divakaran

2025-05-20

SHOBA ANNAMMA EAPEN

body2025
JUDGMENT : (SHOBA ANNAMMA EAPEN, J.) This appeal is filed by the appellant/claimant in O.P (MV) No.96 of 2014 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. The respondents herein are the respondents before the tribunal. 2. According to the appellant/claimant, on 13.07.2013 at about 01.30 pm, while the petitioner was riding a motorcycle bearing Registration No.KL-03-V-9141, an autorickshaw bearing registration No.KL-03-R-6574 driven by the 2 nd respondent in a rash and negligent manner hit the motorcycle. As a result of the accident, the petitioner sustained serious injuries. The appellant approached the tribunal claiming a total compensation of Rs.5,47,000/- limited to Rs.5,00,000/-. 3. Respondents 1 and 2 remained ex parte before the tribunal. The respondent insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A5 were marked on the side of the appellant/claimant. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.1,51,647/- as compensation under different heads with interest @ 9% per annum from the date of petition till realization with proportionate costs from respondent- insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal. 4. Heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurance company. 5. The learned counsel for the appellant claims enhancement mainly under the following heads :- Notional income :- The learned counsel for the appellant submitted that the tribunal has taken only an amount of Rs.3,500/- as the monthly income of the appellant, who was a student. Going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. [ 2011 (13) SCC 236 ], the monthly income of the claimant ought to have been fixed at Rs.9,000/-. The learned Standing Counsel appearing for the insurance company submitted that since the claimant was only 18 years the income fixed by the tribunal does not require any interference. However, considering the fact that the injured was aged 18 years, I find it reasonable to follow the judgment in Ramachandrappa (supra), and refix the notional income of the appellant at Rs.9,000/-. Loss of earnings :- The learned counsel for the appellant submitted that towards the head loss of earnings, the tribunal has taken only a period of two months for awarding compensation. Loss of earnings :- The learned counsel for the appellant submitted that towards the head loss of earnings, the tribunal has taken only a period of two months for awarding compensation. The petitioner has sustained lacerated wound over right knee with joint extension with osteochondral fracture femur lateral condyle right side. Considering the nature of injuries sustained, I find that a period of three months can be taken for awarding compensation under the afore head. Since the notional monthly income is refixed at Rs.9,000/-, the total compensation payable under the head is recalculated thus: Rs.27,000/- (9,000x3). The tribunal has already awarded an amount of Rs.7,000/- under the said head. Thus, there will be an additional amount of Rs.20,000/- under the head loss of earnings. Bystander expenses :- The tribunal has taken only an amount of Rs.200/- per day for a period of 18 days. Considering the fact that the accident occurred in the year 2013, I find that an amount Rs.300/- per day would be just and reasonable, thus the total compensation will come to Rs.5,400/-. The tribunal has already awarded an amount of Rs.3,600/- under the said head. Thus, there will be an additional amount of Rs.1,800/- under the head bystander expenses. Compensation for disability :- The learned counsel for the appellant submitted that, as per Ext.A5 disability certificate, the disability of the appellant was assessed at 10%. However, the tribunal has reduced the percentage of disability to 8%. No proper reasons are given by the tribunal to reduce the percentage of disability than what is stated in Ext.A5. Accordingly, I fix the percentage of disability at 10%. Since the monthly income is refixed at Rs.9,000/-, the compensation payable under the head is recalculated thus: Rs.1,94,400/- (9,000 x 12 x 18 x 10/100). The tribunal has already awarded an amount of Rs.60,480/- under the head. Thus, there will be an additional amount of Rs.1,33,920/- under the head compensation for permanent disability. Pain and sufferings :- The learned counsel for the appellant submitted that an amount of Rs.1,00,000/- was claimed towards the head pain and sufferings, the tribunal has awarded only an amount of Rs.25,000/-. Considering the nature of injuries sustained as well as the age of the appellant, I find that a total amount of Rs.40,000/- can be awarded under the head. Thus, there will be an additional amount of Rs.15,000/ - under the afore head. Considering the nature of injuries sustained as well as the age of the appellant, I find that a total amount of Rs.40,000/- can be awarded under the head. Thus, there will be an additional amount of Rs.15,000/ - under the afore head. Loss of amenities :- The learned counsel for the appellant submitted that though an amount of Rs.25,000/- was claimed towards the head loss of amenities, the tribunal has awarded only an amount of Rs.10,000/-. Considering the nature of injuries sustained as well as the age of the appellant, I find that a total amount of Rs.30,000/- can be awarded under the head. Thus, there will be an additional amount of Rs.20,000/ - under the afore head. 6. Though the appellant claimed enhancement of compensation under the other heads, on a perusal of the records available, I am not inclined to interfere with the compensation awarded by the tribunal under other heads since it appears to be just and reasonable. 7. Thus, the impugned award of the tribunal is modified as follows:- Sl. No Head of Claim Amount claimed Amount awarded by the tribunal Modified in appeal Total compensation 1 Loss of earnings 30,000 7,000 20,000 27,000 2 Transport to hospital 5,000 3,000 (not modified) 3,000 3 Extra nourishment 5,000 3,600 (not modified) 3,600 4 Damage to clothing 2,000 1,000 (not modified) 1,000 5 Medical expenses 75,000 37,967 (not modified) 37,967 6 Bystander expenses 10,000 3,600 1,800 5,400 7 Pain and sufferings 1,00,000 25,000 15,000 40,000 8 Compensation for permanent disability 2,50,000 60,480 1,33,920 1,94,400 9 Loss of amenities and enjoyment of life 25,000 10,000 20,000 30,000 TOTAL 5,47,000/- limited to 5,00,000/- 1,51,647/- 1,90,720/- 3,42,367 Accordingly, the appeal is allowed in part and the appellant/claimant is awarded an additional compensation of Rs.1,90,720/- (Rupees one lakh ninety thousand seven hundred and twenty only) over and above the compensation awarded by the tribunal with interest @ 9% per annum from the date of petition till realization and proportionate costs. The respondent insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The claimant shall furnish copies of the PAN Card, ADHAAR Card and bank details before the respondent insurer within a period of one month so as to enable the insurance company to make the deposit as ordered above. The claimant shall furnish copies of the PAN Card, ADHAAR Card and bank details before the respondent insurer within a period of one month so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the tribunal. Upon such deposit being made, the entire amount shall be disbursed to the appellant at the earliest in accordance with law.