Kerala High Court
Sunitha vs Sivadasan @ Babu on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
MACA NO. 3992 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.972 OF 2016 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL , MANJERI
APPELLANTS/PETITIONERS:
1 SUNITHA
AGED 27 YEARS, W/O. BINU THOMAS (LATE),
VELLETTATH HOUSE, CHEERAKUZHI, PALLIKUTH P.O.,
CHUNGATHARA AMSOM, NILAMPUR, MALAPPURAM - 679334.
2 NATHEIN V. P.
AGED 3 YEARS, MINOR, S/O. BINU THOMAS (LATE), REP. BY
MOTHER/GUARDIAN SUNITHA, W/O. BINU THOMAS (LATE),
VELLETTATH HOUSE, CHEERAKUZHI, PALLIKUTH P. O.,
CHUNGATHARA AMSOM, NILAMPUR, MALAPPURAM - 679334.
BY ADV C.DINESH
RESPONDENTS/RESPONDENTS:
1 SIVADASAN @ BABU
AGED 47 YEARS, S/O. NARAYANA KURUP, ELAYODATH HOUSE,
THRIKKALANGODE P. O., KOORANKUNNU, KARAKKUNNU AMSOM,
ERNAD TALUK, MALAPPURAM - 676123
2 CHANDRADAS
S/O. KARUPPAN, 6/472, KAROTH HOUSE, KARAKKUNNU P. O.,
ERNAD TALUK, MALAPPURAM - 676123
3 NATIONAL INSURANCE COMPANY LIMITED
REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISION II,
IIND FLOOR, NOOR COMPLEX, NEAR STATE BANK OF
TRAVANCORE, ARYADATHPALAM, MAVOOR ROAD - 673001
4 ANNAMMA THOMAS
AGED 69 YEARS
W/O. THOMAS (LATE), VELLETTATH HOUSE, CHEERAKUZHI,
PALLIKUTH P. O., CHUNGATHARA AMSOM, NILAMPUR TALUK,
MALAPPURAM - 679334.
SRI.GEORGE CHERIAN (SR.)
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA NO. 3992 OF 2019
2
C.S.SUDHA, J.
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M.A.C.A. No.3992 of 2019
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Dated this the 4th day of April, 2024
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1988
(the Act) has been filed by the claimant in O.P.(MV) No.972/2016 on
the file of the Motor Accidents Claims Tribunal, Manjeri, (the
Tribunal), aggrieved by the amount of compensation granted by Award
dated 13/02/2019. The respondents herein are the respondents before the
Tribunal. The parties and the documents will be referred to as described
in the original petition.
2. According to the petitioners, on 26/05/2016 at 11 a.m., the
deceased was riding motorcycle bearing registration No.KL-71/7233
through the public road from the place by name Kalikkavu to Wandoor.
When he reached in front of the bus stand at Thazhe Kalikkavu, a bus
driven by the first respondent bearing registration No.KL-33/A-7300
knocked down the deceased who sustained serious injuries to which he
MACA NO. 3992 OF 2019
succumbed on the same day. The first respondent driver, the second
respondent owner and the third respondent insurer of the offending
vehicle are jointly and severally liable to compensate the petitioner.
Hence the petitioners, the wife and minor son of the deceased, claimed
an amount of ₹55,60,000/- as compensation under various heads.
3. Respondents 1 and 2 remained ex parte.
4. The third respondent-insurer filed written statement
admitting that the offending vehicle had a valid policy, but denying the
liability.
5. The fourth respondent, who is the mother of the deceased,
filed written statement supporting the claim.
6. Before the Tribunal, PW1 was examined and Exts.A1 to A8
were marked on the side of the petitioners. No oral or documentary
evidence was adduced by the respondents.
7. The Tribunal on a consideration of the oral and documentary
evidence and after hearing both sides, found negligence on the part of
the first respondent resulting in the incident and hence awarded an
amount of ₹21,54,000/- with interest @ 9% per annum from the date of
MACA NO. 3992 OF 2019
the petition till realisation along with proportionate costs. Aggrieved,
the petitioner has come up in appeal.
8. 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.
9. Heard both sides.
10. The main challenge raised by the petitioners against the
impugned Award is fixing of the notional income of the deceased at
₹11,000/- per month. As per the petitioners' case, the monthly income
of the deceased as an aluminium fabricator and farmer was ₹45,000/-.
To substantiate the said aspect, the wife of the deceased and the first
petitioner was examined as PW1. In the light of the testimony of PW1,
the income of the deceased ought to have been taken as claimed, goes
the argument of the learned counsel for the petitioners. Per contra, it is
submitted by the learned counsel for the respondent-insurer that, going
by the dictum in Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Company Ltd., [(2011) 13 SCC 236], the notional
income of the deceased could have been fixed only at ₹10,500/- per
MACA NO. 3992 OF 2019
month. Here, the Tribunal has fixed the notional income at ₹11,000/-,
which is apparently and obviously more than what has been fixed for a
Coolie in Ramachandrappa (Supra). Therefore, the argument is that
no further increase is contemplated or warranted.
11. It is true that it was practically impossible for the petitioners
to produce any documentary evidence to establish the monthly income
of the deceased. The deceased was only 31 years or so when then
incident occurred. Therefore, at that age, he cannot be expected to have
much savings also. In the light of the decision in Ramachandrappa
(Supra), though the notional income was liable to be fixed only at
₹10,500/-, the Tribunal has fixed it at ₹11,000/- per month. That being
the position, I find no ground for interference in the matter.
12. Challenge was also raised against the compensation awarded
under the other heads also. However, on going through the impugned
award, I find that reasons have been given by the Tribunal for the
finding and the amounts awarded are appropriate and just compensation.
Therefore, I find no reasons to interfere with the said finding.
In the result, the appeal sans merit is dismissed.
MACA NO. 3992 OF 2019
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S. SUDHA
JUDGE
NP
