IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 5^TH DAY OF JULY 2024 / 14TH ASHADHA, 1946 MACA NO. 2293 OF 2012 AGAINST THE ORDER/JUDGMENT DATED 25.06.2012 IN OPMV NO.1359 OF 2003 OF ADDITIONAL DISTRICT COURT-II & IST ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , MAVELIKKARA APPELLANT/S:

SANTHOSH KUMAR S/O.SASIDHARAN NAIR, ERUNATTIL HOUSE,PADINJATTUMURI, PULIYOOR P.O.,CHENGANNUR BY ADV SRI.K.SASIKUMAR RESPONDENT/S:

1 SASI K.V. @ MURALI S/O.VELU,KOLLASSERIL VEEDU, ELANJIMEL THEKKUM MURI,PULIYOOR VILLAGE,CHENGANNUR-689121

2 THE SECRETARY ADOOR TALUK AUTORKSHAW AND LMV-

THOZHILALI CO-OPERAVIE SOCIETY LTD PT 81,ADOOR, PATHANAMTHITTA

3 NATIOANL INSURANCE CO LTD DIVISIONAL OFFICE, NELSON BUILDINGS,KAYAMKULAM BY ADV SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 05^th day of July, 2024 The appellant sustained the following injuries in a road traffic accident on

13.07.2003;

'Fracture shaft of femur lower 1/3^rd left.'

He therefore approached the Motor Accidents Claims Tribunal seeking compensation of Rs.1,25,250/-. In the claim petition, the appellant averred that he was aged 37 years and was a painter earning Rs.4,000/- per month. By the impugned award, the Tribunal granted compensation of Rs.24,700/-. Hence, this appeal.

2. I heard learned Counsel for the appellant and the learned Counsel for the Insurance Company.

3. Although various contentions are raised by the learned Counsel for the appellant, I found the challenge against the fixation of notional income and the quantum of compensation granted towards loss of earning and pain and suffering to be most appealing.

4. As far as notional income is concerned, guidance can be taken from the decision of the Apex Court in Ramachandrappa v Manager, Royal Sundaram Alliance Insurance Company Ltd [(2011) 13 SCC 236], wherein the injured was a daily waged worker and the accident occured in the year 2004. Taking these factors into consideration, the Apex Court fixed the notional income of the injured as Rs.4,500/-. Taking cue from the above decision, notional income of the present appellant is fixed as Rs.4,000/-, the accident having occurred in the year 2003.

5. The seriousness of the injury and the nature of the appellant's avocation would have compelled him to refrain from work for at least four months. Therefore, he is liable to be compensated for four month's loss of earning. For the above mentioned reasons and considering the impact of the injuries, that would have caused to the appellant's life, an amount of Rs.15,000/- is to be granted towards pain and suffering, and Rs.10,000/- towards loss of amenities.

Based on the above discussion, compensation under the above heads is recalculated as under;

Sl. No.	Head of claim	Amount awarded by the Tribunal Rs.	Amount fixed in appeal Rs.		Enhanced compensation Rs.
1	Loss of earnings		3,000 4,000x 4	16,000 16,000-	3,000	13,000
2	Pain and suffering	12,000		15,000 15,000-	12,000	3000
3	Loss of amenities			10,000		10,000
	Total	15,000	29,000		26,000

The amount granted towards enhanced compensation shall be paid to the appellant within three months, with interest as directed by the Tribunal @ 7.5% from the date of petition.

The MACA is disposed of as above.

Sd/-

V.G.ARUN JUDGE Scl/

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