Kerala High Court

Vyshak V.R vs Dileep Vadakkedath on 12 August, 2025

M.A.C.A.No.89 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. 89 OF 2020

         AGAINST THE AWARD DATED 26.10.2019 IN OPMV NO.80 OF

2019 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL,

TALIPARAMBA.

APPELLANT/PETITIONER:

             VYSHAK V.R.
             AGED 22 YEARS,
             S/O.VINOD KUMAR.T.V,
             VYSHAKAM, MAVICHERRY.P.O,
             PAYYANNUR-670307,
             PAYYANNUR, KANNUR DIST.


             BY ADVS.
             SHRI.GEORGE MATHEWS
             SRI.M.M.ANTO



RESPONDENTS/RESPONDENTS:

     1       DILEEP VADAKKEDATH,
             AGED 39 YEARS, S/O.KANNAN.V, "VALSA",
             EMBATE, P.O.PARIYARAM,
             PIN-670502,
             TALIPARAMBA TALUK.

     2       KANNAN.V,
             (AGE NOT KNOWN)S/O CHINDAN.K.V,
             P.P.V/511, 'VALSA', COLONY ROAD,
             P.O.PARIYARAM-670502,
             TALIPARAMBA TALUK.
 M.A.C.A.No.89 of 2020

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     3       THE BRANCH MANAGER,
             THE NATIONAL INSURANCE CO.LTD,
             BRANCH OFFICE, 1ST FLOOR,
             PERUMAL BUILDING, PERUMBA.P.O,
             PAYYANNUR-670307, KANNUR DIST.


             BY ADV SHRI.N.S.NAJEEB


       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.89 of 2020

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                               C.S.SUDHA, J.
                ----------------------------------------------------
                           M.A.C.A.No.89 of 2020
                ----------------------------------------------------
                  Dated this the 12th day of August 2025

                               JUDGMENT

This appeal has been filed under Section 173 of the

Motor Vehicles Act, 1988 (the Act) by the claim petitioner in

O.P.(MV) No.80/2019 on the file of the Motor Accidents Claims

Tribunal, Taliparmba (the Tribunal), aggrieved by the amount of

compensation granted by Award dated 26/10/2019. 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

19/11/2018 at about 06:25 p.m., while he was riding motorcycle

bearing registration no.KL-59-S-4705 from Pariyaram Medical

College to Payyanur and when reached near Vilayamcode petrol

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pump, car bearing registration no.KL-59-G-4206 driven by the 1 st

respondent in a rash and negligent manner knocked him down, as

a result of which he sustained grievous injuries.

3. The first respondent-driver and the second

respondent-owner filed written statement denying negligence on

the part of the first respondent.

4. The third respondent-insurer filed written

statement admitting the policy, but denying negligence on the part

of the first respondent. The compensation claimed under various

heads was contended to be exorbitant.

5. Before the Tribunal, PWs.1 to 3 were examined

and Exts.A1 to A10 were marked on the side of the claim

petitioner. No oral or documentary evidence was adduced by the

respondents.

6. The Tribunal on consideration of the oral and

documentary evidence and after hearing both sides, found

negligence on the part of the first respondent-driver of the

offending car resulting in the incident and hence awarded an

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amount of ₹2,63,900/- together with interest @ 9% per annum

from the date of the petition till realisation along with

proportionate costs. 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 heads is challenged by the claim petitioner-

Transportation expenses

It is submitted by the learned counsel for the claim

petitioner that though an amount of ₹50,000/- was claimed, the

Tribunal has granted a sum of ₹3,000/- only. The materials on

record will show that after the claim petitioner was discharged, he

had to go for review about ten times and therefore the Tribunal

was unjustified in awarding only an amount of ₹3,000/-.

9.1. From the materials on record it appears that the

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claim petitioner had go to the hospital several times for review.

Therefore, I find that he can be granted an amount of ₹7,500/-,

that is, ₹750/- each for the 10 reviews he had to attend.

Extra nourishment

10. The materials on record show that the claim

petitioner was hospitalised for a period of 32 days. An amount of

₹3,000/- has been awarded by the Tribunal. I find that an amount

of ₹10,000/- under this head would be just and reasonable.

Pain and suffering

11. The materials on record show that the claim

petitioner sustained the following injuries-

"(1) Lacerated wound 6 x 2 x 3 cm with tibial and fibula shafts fracture (L) leg.

(2) Abrasion left foot.

(3) Abrasion dorsum of the hand left. (4) Abrasion dorsum of fingers. (5) Abrasion left knee.

(6) Abrasion left shoulder.

(7) Abrasion left elbow.

(8) Abrasion right elbow."

He was hospitalized for a period of 32 days and taking into

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account the nature of injuries sustained, which include fracture, an

amount of ₹60,000/- would be just and reasonable.

Compensation for loss of amenities

12. Taking into account the nature of injuries

sustained and the age of the claim petitioner, I find that an amount

of ₹50,000/- under this head would be just and reasonable.

Future treatment expenses

13. It is submitted that though Ext.A5 was produced

to substantiate the case that expenses would have to be incurred

for future treatment also, no amount has been awarded by the

Tribunal and hence based on Ext.A5, appropriate amount may be

awarded.

13.5. Ext.A5 seen issued by a doctor of the

Department of Orthopaedics, Pariyaram Medical College

Hospital, says that an amount of ₹30,000/- would be required for

removing the implant. Hence, the the said amount is awarded.

14. The impugned Award is modified to the

following extent:

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Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal Tribunal (in ₹) (in ₹) (in ₹)

1. Loss of earnings - - Nil (No modification)

2. Partial loss of - - Nil earning (No modification)

3. Transportation 50,000/- 3,000/- 7,500/-

charges

4. Extra 50,000/- 3,000/- 10,000/-

nourishment

5. Damage to 2,000/- 2,000/- 2,000/-

          clothing and                                   (No modification)
             articles
6.          Medical        1,70,000/-      1,76,649/-      1,76,649/-
            expenses                                     (No modification)
7.        Bystander's           -           19,200/-        19,200/-
           expenses                                      (No modification)
8.          Pain and       15,00,000/-      40,000/-         60,000/-
           sufferings
9.       Compensation      3,00,000/-       20,000/-        50,000/-
          for loss of
           amenities
10.      Compensation      10,00,000/-          -              Nil
         for permanent                                   (No modification)
           disability
11.     Future treatment        -               -           30,000/-
           expenses
             Total         30,72,000/-     2,63,849/-      3,55,349/-

        Claim limited to   30,00,000/-     Rounded to
                                           2,63,900/-

In the result, the appeal is allowed by enhancing the

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compensation by a further amount of ₹91,449/- (total

compensation = ₹3,55,349/- that is, ₹2,63,900/- granted by the

Tribunal + ₹91,449/- granted in appeal) with interest at the rate of

8% per annum from the date of petition till date of realization

and proportionate costs. The third respondent/insurer is directed

to deposit the aforesaid amount before the Tribunal within a

period of 60 days from the date of receipt of a copy of the

judgment. On deposit of the amount, the Tribunal shall disburse

the amount to the claim petitioner at the earliest in accordance

with law after making deductions, if any.