Kerala High Court
Shamseera vs Moosa on 1 July, 2025
M.A.C.A.No.1219 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
MACA NO. 1219 OF 2020
AGAINST THE AWARD DATED 31.08.2019 IN OP(MV)NO.315 OF
2017 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
KALPETTA.
APPELLANT/PETITIONER:
SHAMSEERA,
AGED 38 YEARS,
W/O.MOIDEEN, KEEZHILTHODI HOUSE,
PULLOORKUNNU, MUPAINAD,
RIPPON POST, VYTHIRI TALUK,
WAYANAD DISTRICT.
BY ADV SMT.CELINE JOSEPH
RESPONDENTS/RESPONDENTS:
1 MOOSA,
AGED 28 YEARS, S/O.ALI,
KEEZHILTHODI HOUSE, PULLOORKUNNU, MUPAINAD,
RIPPON POST, VYHIRI TALUK,
WAYANAD - 673 577.
2 MUHAMMED AMEEN,
AGED 37 YEARS, CHAKKUNKATHODIKA HOUSE,
PULLOORKUNNU, RIPPON POST,
VYTHIRI TALUK,
WAYANAD - 673 577.
3 THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO.LTD.,
M.G.T.BUILDINGS,
KALPETTA NORTH POST -673 122.
M.A.C.A.No.1219 of 2020
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BY ADV SHRI.P.K.BABU
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.1219 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.1219 of 2020
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Dated this the 1st day of July 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claim petitioner in O.P.(MV) No.315/2017 on the file of the Motor Accidents Claims Tribunal, Kalpetta, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 31/08/2019. 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. According to the claim petitioner on 07/03/2017 at about 11:00 p.m., while she was travelling in car bearing registration No.KL-12-K-6724 from Eangapuzha to Mepaddi, driven by the first respondent/driver in a rash and negligent manner and when she reached the place by name Vythiri, it collided with lorry bearing registration No.KL-57-K-235 as a result of which she sustained M.A.C.A.No.1219 of 2020 4 2025:KER:47718 grievous injuries.
3. The first respondent/driver and the second respondent/owner remained ex parte.
4. The third respondent/insurer filed written statement admitting the policy, but denying negligence. The occupation, monthly income, disability etc. of the claim petitioner were disputed. It was also contended that the amount claimed was exorbitant.
5. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A9 were marked on the side of the claim petitioner. No documentary evidence was adduced by the respondents. Ext.C1 is the Medical Board Report issued by the District Medical Board, Mananthavady, Wayanad.
6. The Tribunal on consideration of the documentary evidence and after hearing both sides, found negligence on the part of the first respondent/driver of the offending vehicle resulting in the incident and hence awarded an amount of ₹2,62,000/- together with interest @ 8% per annum from the date of the petition till the date of realisation with proportionate costs. Aggrieved by the Award, the M.A.C.A.No.1219 of 2020 5 2025:KER:47718 claim petitioner has 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 heads is challenged by the claim petitioner- Notional income It is submitted by the learned counsel for the claim petitioner that the latter, a coolie aged 36 years, was earning an amount of ₹400/- per day. However, the Tribunal fixed the notional income at ₹8,000/- only, which is low going by the dictum in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd., (2011) 13 SCC 236.
9.1. In the light of the dictum in Ramachandrappa (Supra), the notional income is fixed at ₹11,000/-. Loss of earnings
10. The materials on record show that the claim M.A.C.A.No.1219 of 2020 6 2025:KER:47718 petitioner sustained the following injuries:-
"1. Type I open fracture both bone right leg.
2. Posterior dislocation of Right Hip.
3. Femoral Head fracture right side."
She was hospitalized in two different spells for a total period of 19 days. In the light of the injuries sustained, which include fractures and two surgeries undergone, in all probability she might have been unable to work for a period of 6 months. Therefore, the amount she would be entitled to is ₹11,000/-x 6 months=₹66,000/-.
11. The impugned Award is modified to the following extent :
Sl. Head of claim Amount Amount Modified in No claimed Awarded by appeal Tribunal a Loss of earnings ₹72,000/- ₹24,000/- ₹66,000/-
(₹11,000/-x 6
months)
b Partial loss of Nil Nil Nil
earning (No modification)
c Transport to ₹5,000/- ₹5,000/- ₹5,000/-
hospital (No modification)
d Extra ₹25,000/- ₹5,000/- ₹5,000/-
nourishment (No modification)
e Damage to ₹2,000/- ₹1,500/- ₹1,500/-
clothing and (No modification)
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articles
f Others:
(i) ₹1,50,000/- ₹1,580/- ₹1,580/-
Compensation (No modification)
for the treatment
and medicine
(ii)Future Nil Nil Nil
treatment (No modification)
(iii)Bystanders ₹15,000/- ₹5,700/- ₹5,700/-
expenses (No modification)
g Compensation ₹10,000/- ₹30,000/- ₹30,000/-
for pain and (No modification)
suffering
h Compensation ₹50,000/- Nil Nil
for continuing (No modification)
or permanent
disability
i Compensation ₹50,000/- ₹1,58,400/- ₹2,17,800/-
for loss of (₹11,000/-
earning power x12x15x11/100)
j Compensation -- ₹30,000/- ₹30,000/-
for the loss of (No modification)
amenities in life
k Physical and -- Nil Nil
mental shock (No modification)
l Inconvenience, -- Nil Nil
hardship, (No modification)
discomfort,
disappointment,
frustration and
mental stress in
life
Total ₹4,69,000/- ₹2,61,180/- ₹3,62,580/-
claim is rounded off to
limited to ₹2,62,000/-
₹2,50,000/-
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In the result, the appeal is allowed by enhancing the compensation by a further amount of ₹1,00,580/- (total compensation ₹3,62,580/-, that is, ₹2,62,000/- granted by the Tribunal + ₹1,00,580/- 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 69 days delay in filing the appeal) and proportionate costs. The third 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 petitioner at the earliest in accordance with law after making deductions, if any.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S. SUDHA JUDGE ak