Kerala High Court
Pathumabi.K.P vs Moiteen Koya on 13 August, 2025
M.A.C.A. No.533 of 2020
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2025:KER:61156
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
MACA NO. 533 OF 2020
AGAINST THE AWARD DATED 27.06.2019 IN OP(MV)NO.837 OF 2018
ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.
APPELLANTS/PETITIONERS:
1 PATHUMABI.K.P.,
AGED 54 YEARS,
W/O. HASSAN.M.C.,RESIDING AT KANNADI PARAMBA MEETHAL
CHALIL HO, MATHOTTAM, BEYPORE, KOZHIKODE-673 028.
2 RIYAS.M.C.,
AGED 36 YEARS,
S/O. HASSAN.M.C., VALIYAKATH HOUSE,
ERANHIVAYAL, BEYPORE-673 028.
3 RAJEESH.M.C.,
AGED 31 YEARS,
S/O. HASSAN.M.C.,
RESIDING AT KANNADI PARAMBA MEETHAL CHALIL HO,
MATHOTTAM, BEYPORE, KOZHIKODE-673 028.
4 RAJULA.M.C.,
AGED 35 YEARS,
D/O. HASSAN.M.C., W/O. MUJEEB, KODAVANA HO,
AVARAYIL PARAMB, NALLALAM P.O., KOZHIKODE-673 027.
BY ADV.
SRI.A.V.M.SALAHUDDEEN
RESPONDENTS/RESPONDENTS:
1 MOITEEN KOYA,
S/O. AHMED KOYA, AGE NOT KNOWN,
C.M.MANZIL, KACHINAM THODUKA PARAPPIL P.O.,
HALWA BAZAR, KOZHIKODE-673 001
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2 RELIANCE GENERAL INSURANCE CO.LTD.,
2ND FLOOR, CITADEL ARCAE, RC ROAD, CALICUT-673 032,
REPRESENTED BY BRANCH MANAGER.
BY ADVS.
SRI.JITHIN SAJI ISAAC
SHRI.K.J.SAJI ISAAC
DR.ELIZABETH VARKEY
SHRI.SHAMSUDEEN O.K.
SMT.K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HERAING ON 13.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.SUDHA, J.
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M.A.C.A.No.533 of 2020
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Dated this the 13th day of August, 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claim petitioners in O.P.(MV) No.837/2018 on the file of the Motor Accidents Claims Tribunal, Kozhikode (the Tribunal), aggrieved by the amount of compensation granted by Award dated 27/06/2019. The respondents herein are the respondents in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.
2. The claim petitioners are the wife and children of the deceased. According to the claim petitioners, on 22/01/2018 at about 08:00 a.m., while the deceased was pillion riding on motorcycle bearing registration no.KL-11-U-8515 ridden by the first respondent from Vattakinar to Arakkinar and when he reached the place by name Vanasree Mathottam, due to the rash and negligent riding of the latter, M.A.C.A. No.533 of 2020 4 2025:KER:61156 the motorcycle collided with motorcycle bearing registration No.KL-11- U-7035, as a result of which he sustained grievous injuries to which he succumbed. An amount of ₹8,00,000/- was claimed as compensation under various heads.
3. The first respondent/owner-cum-driver did not file written statement.
4. The second respondent/insurer filed written statement admitting the policy, but denying liability. The age, occupation, income etc. were disputed. It was also contended that the amount claimed was exorbitant.
5. Before the Tribunal, no oral evidence was adduced by the either side. Exts.A1 to A6 were marked on the side of the claim petitioners. Ext.B1 was adduced by the respondents.
6. The Tribunal on consideration of the documentary evidence and after hearing both sides, found negligence on the part of the first respondent/owner-cum-rider of the offending motorcycle resulting in the incident and hence awarded an amount of ₹6,94,000/- together with interest @ 8% per annum from the date of the petition till M.A.C.A. No.533 of 2020 5 2025:KER:61156 the date of realisation along with proportionate costs. Aggrieved by the Award, the claim petitioners have come up in appeal.
7. The only point that arises for consideration in this appeal is whether there is any infirmity in the findings of the Tribunal calling for an interference by this Court.
8. Heard both sides.
9. The award of compensation by the Tribunal under the following head is challenged by the claim petitioners - Notional income It is submitted by the learned counsel for the claim petitioners that the deceased, a coolie aged 65 years, was earning ₹20,000/- per month. However, the Tribunal fixed the notional income at ₹9,000/-, which is quite low and hence, the same needs to be appropriately enhanced.
9.1. In the light of the dictum in Ramachandrappa v. Manager, Royal Sundaram Alliance Co. Ltd, (2011) 13 SCC 236, the notional income of the deceased can be fixed as ₹11,500/- per month.
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10. The impugned Award is modified to the following extent :
Sl. Head of claim Amount Amount Modified in appeal No. claimed Awarded by Tribunal 1 Loss of ₹5,00,000/- ₹5,04,000/- ₹6,44,000/-
dependency (₹11,500/- x
12x2/3x7)
2 Spousal ₹1,00,000/- ₹40,000/- ₹40,000/-
consortium (No modification)
3 Parental -- ₹1,20,000/- ₹1,20,000/-
consortium (No modification)
4 Loss of estate ₹1,00,000/- ₹15,000/- ₹15,000/-
(No modification)
5 Funeral expenses ₹50,000/- ₹15,000/- ₹15,000/-
(No modification)
Total ₹6,94,000/- ₹8,34,000/-
In the result, the appeal is allowed by enhancing the compensation by a further amount of ₹1,40,000/- (total compensation = ₹8,34,000/-, that is, ₹6,94,000/- granted by the Tribunal + ₹1,40,000/-
granted in appeal) with interest at the rate of 8% per annum from the date of petition till date of realization (excluding the period of 58 days M.A.C.A. No.533 of 2020 7 2025:KER:61156 delay in filing the appeal) and proportionate costs. The second respondent/insurer is directed to deposit the compensation with interest and costs before the Tribunal within a period of 60 days from the date of receipt of a copy of the judgment. On deposit of the compensation amount, the Tribunal shall disburse the amount to the claim petitioners at the earliest in accordance with law after making deductions, if any.
The liberty given by the Tribunal to the second respondent/insurer to recover the award amount from the first respondent/owner-cum-driver shall stand confirmed.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S. SUDHA JUDGE ak