IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

FRIDAY, THE 1^ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946 MACA NO. 216 OF 2021 AGAINST THE AWARD DATED 13.2.2020 IN O.P.(M.V.) NO.302 OF

2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA APPELLANT/2ND RESPONDENT :

SHRIRAM GENERAL INSURANCE CO. LTD

10003-E , 8, RIICO INDUSTRIAL AREA, SITAPURA JAIPUR, RAJASTAN 302022.

REPRESENTED BY ITS LEGAL OFFICER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, ERNAKULAM.

BY ADV JACOB MATHEW P RESPONDENT/PETITIONER :

LINI AGED 26 YEARS W/O. JOHNY, LININ BHAVAN, PONGALLI, PUTHUKULANGARA, UZHAMALAKAL, NEDMANGADU, NOW RESIDING AT T.S. BHAVAN, KAVARUKONAM, MANAKAKA, OTTASEKHARAMANGALAM, THIRUVANANTHAPURAM 695 125.

BY ADV SRI.R.T.PRADEEP THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2024, ALONG WITH MACA NO.3630/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

FRIDAY, THE 1^ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946 MACA NO. 3630 OF 2021 AGAINST THE AWARD DATED 13.2.2020 IN O.P.(M.V.) NO.302 OF

2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA APPELLANT/2ND RESPONDENT :

LINI, AGED 26 YEARS W/O.JOHNY, LININ BHAVAN, PONGALLI, PUTHUKULANGARA, UZHAMALAKAL, NEDUMANGADU, NOW RESIDING AT T.S.BHAVAN, KAVARUKONAM, MANAKKALA, OTTASEKHARAMANGALAM, THIRUVANANTHAPURAM-695 125.

BY ADVS.

R.T.PRADEEP M.BINDUDAS K.C.HARISH RESPONDENT/2ND RESPONDENT:

SHRIRAM GENERAL INSURANCE CO. LTD., REPRESENTED BY THE MANAGER, 10003-E, 8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTAN-302022.

SRI. P. JACOB MATHEW , SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2024, ALONG WITH MACA NO.216/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

EASWARAN S., J.

-------------------------

M.A.C.A Nos.216 & 3630 of 2021 -----------------------------------

Dated this the 1^st day of November, 2024

JUDGMENT

Two claim petitions, O.P.(M.V.) Nos.302 of 2015 and 352 of

2015, were tried together by the Motor Accidents Claims Tribunal, Neyyattinakara arising out of a single accident. The present appeals, are arising out of the judgment in O.P.(M.V.) Nos.302 of 2015. M.A.C.A. No. 3630 of 2021 is preferred by the injured/claimant and M.A.C.A. No.216 of 2021 preferred by the Insurance Company.

2. The brief facts of the case are as follows:

On 11.11.2014 at 8.30 a.m., while Smt. Lini, the appellant/claimant in O.P.(M.V.) No.302 of 2015, was travelling as a pillion rider on a motorcycle driven by one Sri. Johny, along the Aryanad-Nedumangad Public road and when they reached near Puthukulangara CSI Church, a tipper lorry bearing registration No. KL-01-AW-4370 knocked down them. As a result of which, both the rider and pillion rider sustained serious injuries and Sri.Johny succumbed to the injuries.

3. Heard Sri. R.T. Pradeep, the learned counsel appearing for the appellant in M.A.C.A. No.3630 of 2021 and Sri. P. Jacob Mathew, the learned counsel appearing on behalf of the Insurance Company.

4. On behalf of the claimants, Exts.A1 to A21 were marked.

Before the tribunal, Smt. Lini, the claimant in O.P.(M.V) No.302 of 2015, contended that due to the accident, she suffered serious injuries and was assessed with a disability at 40%. The tribunal, on evaluating the evidence on record found that the Doctor who issued Ext.A13 certificate of disability has not been examined and fixed the disability at 30%. By fixing the notional income at Rs.8,000/- the tribunal awarded compensation of Rs.9,51,000/- with 8% interest per annum from 10.4.2015 till realisation with cost.

5. Sri. R.T. Pradeep the learned counsel appearing for the appellant in M.A.C.A. No.3630 of 2021 contended that, going by the principles laid down by the Honourable Supreme Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236], the tribunal ought to have taken a monthly income of Rs.9,500/- which has not been done.

6. Sri. P. Jacob Ma