Kerala High Court
Kunjumol vs Mohammed Yousuf on 12 August, 2025
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MACA No.2336 of 2021
2025:KER:60610
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
MACA NO.2336 OF 2021
AGAINST THE ORDER DATED 04.03.2021 IN OPMV NO.1457 OF 2016
OF ADDITIONAL MAC TRIBUNAL - III, ALAPPUZHA
APPELLANT/PETITIONER:
KUNJUMOL,
AGED 55 YEARS, W/O.GOPI,
KANNAN VEEDU, MANNANCHERRY PANCHAYATH WARD-VIII,
ARYAD NORTH P.O., ALAPPUZHA-688 538.
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENTS/RESPONDENTS:
1 MOHAMMED YOUSUF,
S/O.KHALID, EDATHIL VEEDU, VAZHICHERRY WARD,
ALAPPUZHA-688 001.
2 SHAMNAD,
S/O.NOUFAL, MADEENA MANZIL, AVALOOKUNNU P.O.,
ALAPPUZHA-688 006.
3 THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
DIVISIONAL OFFICE, SARADA COMPLEX,
MULLACKAL, ALAPPUZHA-688 013.
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MACA No.2336 of 2021
2025:KER:60610
BY ADVS.
SRI.T.J.LAKSHMANAN IYER
SRI.P.B.JEFIN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 12.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA No.2336 of 2021
2025:KER:60610
JUDGMENT
The appellant has filed the captioned appeal, seeking to
challenge the award in OP (MV) No.1457 of 2016. The claim was
lodged before the Motor Accidents Claim Tribunal-III, Alappuzha,
with reference to the motor accident that occurred on
05.02.2016. At the time of accident claimant was 52 years of
age. On account of the accident, it is not in dispute that the
appellant was treated at the Medical College Hospital, Alappuzha,
during various spells. The appellant had claimed that, being a
member of the Kerala Coir Thozhilali Kshemanidhi Board, her
salary ought to be taken at Rs.13,000/- per month. The Tribunal,
by the impugned award, fixed the notional income at Rs.9,500/-
per month, insofar as no evidence in support of the claim was
produced by the appellant herein.
2. Heard Smt.V.Shylaja, the learned counsel for the
appellant as well as Sri.T.J.Lakshmanan Iyer, the learned counsel
for the respondent Insurance company.
3. The dispute in this appeal is essentially with respect
to the fixation of the notional income at Rs.9,500/- per month,
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as above. The fact that no evidence was produced by the
appellant in support of her salary is not in dispute. When that be
so, the notional income requires to be estimated. However, going
by the principles laid down by the Apex Court in
Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Ltd. [(2011) 13 SCC 236], during the
year 2016, the notional income ought to have been fixed at
Rs.10,500/-. Similarly, this Court notices that the learned
Tribunal has reckoned the 'loss of earnings' only for a period of
four months. In the case at hand, a reference to the injuries
suffered by the appellant would show that, at least six months
period ought to have been extended towards 'loss of earnings'.
4. In such circumstances, this appeal requires to be
allowed by modifying the notional income of the appellant at
Rs.10,500/- per month, as well as reckoning the 'loss of
earnings' for a period of six months. This Court further notices
that the Tribunal has awarded an amount of Rs.36720/- for
disability. A reading of the award shows that no basis for such
calculation is provided therein. The order does not even contain
any discussion as regards the afore claim. When that be so
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since the accident occurred in 2016 no purpose will be served by
remitting the matter on that aspect. Therefore, the question of
disability is considered and decided in the appeal with reference
to the fixation of notional income as above as well as Ext.A11
disability certificate which is also not disputed.
5. Thus, the impugned award of the Tribunal is modified
as follows;
Amount
Total
Amount awarded Modified
Sl. Head of compen-
claimed by the in Appeal
No. Claim sation
(in Rs.) Tribunal (in Rs.)
(in Rs.)
(in Rs.)
Loss of 63,000
1 1,30,000 38,000 25,000
earnings (10500x6)
2 Transportation 5,000 1,500 - 1,500
Extra
3 10,000 1,500 - 1,500
nourishment
Damage to
clothing, etc.
Bystanders - 3,000
5 20,000 3,000
expense
6 Medical Bills 25,000 2,275 - 2,275
7 Nervous Shock - - - -
Pain & - 25,000
8 1,00,000 25,000
sufferings
Loss of - 25,000
9 1,00,000 25,000
amenities
1,24,740
10 Disability 2,00,000 36,720 88,020 (10500x12x11
x9%)
Total 5,00,000 1,33,495 1,13,020 2,46,515
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In the result, this appeal is allowed, granting an additional
amount of Rs.1,13,020/-, along with the amounts already
awarded by the Tribunal to the appellant, to be paid by the 3 rd
respondent - Insurance Company. Needless to say, all other
findings and directions of the Tribunal in the impugned Award,
including the rate of interest, will remain unaltered.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
