High Court Revises Notional Income and Recognizes 100% Functional Disability for 75-Year-Old Claimant
In a recent judgment, the Kerala High Court has substantially enhanced the compensation awarded to Ameer Hamsa, a 75-year-old claimant, in a motor accident case. The judgment, delivered by Mr. Harisankar V. Menon, J., was in response to cross appeals filed by both the claimant and the insurance company, Reliance General Insurance Company Limited, challenging the decision of the Motor Accidents Claims Tribunal, Thiruvananthapuram.
The case involved Ameer Hamsa, who met with a serious accident on June 24, 2016, resulting in significant injuries. Initially, the Tribunal had fixed the notional income of the claimant at Rs. 15,000 per month, despite Hamsa’s contention of earning Rs. 75,000 monthly as a Quality Control Officer in Saudi Arabia. The High Court, however, acknowledged the appointment letter from Saudi Paper Manufacturing Company and bank statements showing substantial remittances, revising the notional income to Rs. 22,500 per month.
Additionally, the Tribunal had assessed the claimant’s functional disability at 75%, considering his condition of being wheelchair-bound and his inability to communicate clearly. The High Court, referencing a Medical Board report that quantified a 90% permanent disability due to psychiatric impairment and traumatic brain injury, ruled that Hamsa should be treated as having 100% functional disability for compensation purposes.
Furthermore, the claimant's request for compensation for future bystander expenses was rejected by the High Court due to the absence of evidence supporting such expenditure after the accident. The claimant had also appealed for an enhancement in compensation for pain and suffering and loss of amenities, which the High Court dismissed, noting that adequate compensation had already been granted under other heads.
As a result of the judgment, the High Court awarded an additional compensation of Rs. 7,50,000 to the claimant, increasing the total compensation to Rs. 38,29,320, up from the Rs. 30,79,320 awarded by the Tribunal. The rate of interest and other directions by the Tribunal were left unaltered.
Bottom Line:
Motor Accident Claim - Enhancement of compensation considering the notional income and functional disability of the claimant.
Statutory provision(s): Diplomatic and Consular Officers (Oaths and Fees) Act, 1948; Rights of Persons with Disabilities Act, 2016.
