Kerala High Court
Muhammed Salim.K vs Hamza on 12 August, 2025
M.A.C.A. No.488 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
MACA NO. 488 OF 2020
AGAINST THE AWARD DATED 01.11.2018 IN OP(MV)NO.617 OF
2016 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
VATAKARA.
APPELLANT/PETITIONER:
MUHAMMED SALIM.K.,
AGED 39 YEARS,
S/O. HUSSAIN K, KIZHAKKAYIL HOUSE,
KANNADIPOYIL P.O, BALUSSERY,
KOZHIKODE DISTRICT, PIN-673 612.
BY ADVS.
SMT.M.B.SHYNI
SRI.DEEPAK RAJ
SRI.FRANCIS MATHEW
RESPONDENTS/RESPONDENTS:
1 HAMZA, AGED NOT KNOWN TO THE APPELLANT,
S/O. KUNHIMUHAMMED, ARANHIKKAL HOUSE,
PATHAPIRIYAM P O, EDAVANA,
MALAPPURAM DISTRICT, PIN-676 123.
2 SURESH BABU M.S.,
AGED 39 YEARS, S/O. KRISHNAN,
MOOTHEDATHKUNNU HOUSE,
PATHAPPIRIYAM P. O., MANJERI,
MALAPPURAM DISTRICT, PIN-676 121.
3 THE ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, JASEELA COMPLEX,
BYPASS JUNCTION, NILAMBUR ROAD,
MANJERI, MALAPPURAM DISTRICT,
PIN-676 121.
M.A.C.A. No.488 of 2020
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BY ADV SRI.V.P.K.PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 12.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A. No.488 of 2020
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C.S.SUDHA, J.
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M.A.C.A. No.488 of 2020
----------------------------------------------------
Dated this the 12th day of August, 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.617/2016 on the file of the Motor Accidents Claims Tribunal,
Vatakara (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 01/11/2018. 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 09/09/2015 at
about 09:30 p.m., while he was riding motorcycle bearing registration
no. KL-18-B-8585 from Balussery to Kuttiady and when he reached
near Kadiyangad service station, pickup van bearing registration
No.KL-10-AH-4332 driven by the second respondent in a rash and
negligent manner knocked him down, as a result of which he
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sustained grievous injuries. An amount of ₹15,00,000/- was claimed
as compensation under various heads.
3. The first respondent/owner and the second
respondent/driver remained ex parte.
4. The third respondent/insurer filed written statement
admitting the policy but denying negligence on the part of the second
respondent/driver of the offending pickup van. The age, occupation
and income were disputed. It was also contended that the amount
claimed was excessive.
5. Before the Tribunal, no oral evidence was adduced
by either side. Exts.A1 to A13 were marked on the side of the claim
petitioner. Ext.B1 was adduced by the respondents. Ext.C1 disability
certificate was also marked.
6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part
of the second respondent/driver of the offending pickup van resulting
in the incident and hence awarded an amount of ₹8,78,400/- together
with interest @ 9% per annum from the date of the petition till the
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date of realisation. Aggrieved by the Award, the 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 head is challenged by the claim petitioner -
Notional income
It is submitted by the learned counsel for the claim petitioner
that the latter, a gypsum ceiling worker was earning ₹20,000/- per
month. However, the Tribunal fixed the notional income at ₹8,000/-,
which is quite low and hence the same needs to be appropriately
enhanced.
9.1. There are no materials on record to show that the
income or the avocation of the claim petitioner. However, going by
the dictum in Ramachandrappa v. Manager, Royal Sundaram
Alliance Co. Ltd, (2011) 13 SCC 236, the notional income of the
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claim petitioner can be fixed at ₹10,000/- per month.
9.2. The learned counsel for the claim petitioner also
submitted that the compensation that has been awarded under the
other heads by the Tribunal is on the lower side and the same needs
to be appropriately enhanced. However, on going through the award,
I find that just and reasonable compensation has been granted by the
Tribunal under the other heads and therefore I do not find any reasons
for interference.
10. The impugned Award is modified to the following
extent :
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
Tribunal
1 Loss of earning ₹1,80,000/- ₹1,44,000/- ₹1,80,000/-
(₹10,000/- x 18
months)
2 Transport to ₹50,000/- ₹5,000/- ₹5,000/-
hospital (No modification)
3 Extra ₹50,000/- ₹42,400/- ₹42,400/-
nourishment & (No modification)
bystander's
expenses
4 Medical ₹6,00,000/- ₹2,32,408/- ₹2,32,408/-
Expenses (No modification)
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5 Damage to ₹2,500/- ₹1,000/- ₹1,000/-
clothing and (No modification)
articles
6 Pain and ₹1,00,000/- ₹60,000/- ₹60,000/-
suffering (No modification)
7 Loss of ₹25,000/- ₹40,000/- ₹40,000/-
amenities and (No modification)
enjoyment of
life
8 Future treatment ₹3,00,000/- ₹2,00,000/- ₹2,00,000/-
(No modification)
9 Permanent ₹5,00,000/- ₹1,53,600/- ₹1,92,000/-
disability (₹10,000/x12x16x10%)
10 Loss of earning ₹1,00,000/- -- --
power (No modification)
Total ₹19,07,500/- ₹8,78,408/- ₹9,52,808/-
limited to rounded to
₹15,00,000/- ₹8,78,400/-
In the result, the appeal is partly allowed by enhancing the
compensation by a further amount of ₹74,408/- (total compensation =
₹9,52,808/-, that is, ₹8,78,400/- granted by the Tribunal + ₹74,408/-
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 476
days delay in filing the appeal) and proportionate costs. The third
respondent/insurer is directed to deposit the compensation with
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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
