Kerala High Court
Jacob A.C vs Th Branch Manager, Reliance General ... on 12 August, 2025
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
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2025:KER:60726
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. 501 OF 2020
AGAINST THE AWARD DATED 11.11.2019 IN OP(MV)NO.251 OF
2018 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
TALIPARAMBA.
APPELLANT/2ND RESPONDENT:
RELIANCE GENERAL INSURANCE COMPANY LIMITED,
1ST FLOOR , ADITYA TOWER, OPP. RTO OFFICE,
KANNUR 670 001, REPRESENTED BY ITS MANAGER,
REGIONAL OFFICE, 2ND FLOOR, VISHNU BUILDING,
K.P. VALLON ROAD, KADAVANTHRA - 682 020.
BY ADVS.
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
RESPONDENT/PETITIONER:
JACOB A.C.,
AGED 51 YEARS,
S/O. A.C. CHACKO, ATTARAMCKAL, KOKKADAVU,
THIRUMENI P.O. CHERUPUZHA (VIA),
KANNUR DISTRICT, PIN - 670 511.
BY ADVS.
SRI.V.A.SATHEESH
SRI.V.T.MADHAVANUNNI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 12.08.2025, ALONG WITH MACA.1548/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
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2025:KER:60726
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. 1548 OF 2022
AGAINST THE AWARD DATED 11.11.2019 IN OP(MV)NO.251 OF
2018 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
TALIPARAMBA.
APPELLANT/PETITIONER:
JACOB A.C.,
AGED 52 YEARS,
S/O.A.C.CHACKO, ATTARAMCKAL, KOKKADAVU,
THIRUMENI P.O., CHERUPUZHA (VIA),
TALIPARAMBA TALUK, KANNUR-670 511.
BY ADVS.
SRI.V.T.MADHAVANUNNI
SRI.V.A.SATHEESH
SHRI.ANAND V.S
RESPONDENT/RESPONDNET NO.2:
TH BRANCH MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LTD.,
1ST FLOOR, ADITYA TOWER, OPPOSITE RTO OFFICE,
KANNUR, PIN-670 001.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 12.08.2025, ALONG WITH MACA.501/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
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C.S.SUDHA, J.
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M.A.C.A.Nos.501 of 2020 & 1548 of 2022
-----------------------------------------------------------
Dated this the 12th day of August 2025
JUDGMENT
These appeals have been filed under Section 173 of the
Motor Vehicles Act, 1988 (the Act) by the second respondent/insurer
and the claim petitioner respectively in O.P.(MV) No.251 of 2018 on
the file of the Motor Accidents Claims Tribunal, Taliparamba, (the
Tribunal), aggrieved by the amount of compensation granted by
Award dated 11/11/2019. In these appeals, the parties and the
documents will be referred to as described in the original petition.
2. According to the claim petitioner, on 07/04/2017 at
about 03:00 p.m. while he was pillion riding on scooter bearing
registration no.KL-13-BE-Temp-6605 ridden by the first respondent
from Eruvatty to Binbumkad and when they reached the place near
Eruvatty, due to the rash and negligent riding of the vehicle by the
latter, the scooter fell on the road, as a result of which he sustained
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
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grievous injuries.
3. The first respondent/owner-cum-rider filed written
statement denying negligence on his part.
4. The second respondent/insurer filed written
statement admitting the policy, but denying negligence on the part of
the first respondent/rider of the offending vehicle. 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 A7 were marked on the side of the claim
petitioner. No documentary evidence was adduced by the
respondents. Ext.X1 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 first respondent/rider of the offending scooter resulting in the
incident and hence awarded an amount of ₹11,57,400/- together with
interest @ 9% per annum from the date of the petition till realisation
along with proportionate costs. Aggrieved by the Award, the second
respondent/insurer and the claim petitioner have come up in appeal.
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
2025:KER:60726
7. The only point that arises for consideration in these
appeals is whether there is any infirmity in the findings of the
Tribunal calling for an interference by this Court.
8. Heard both sides.
Notional income
It is submitted by the learned counsel for the second
respondent/insurer that the income fixed by the Tribunal is on the
higher side and the same needs to be brought down as no evidence
was adduced to substantiate the allegation regarding the income. Per
contra, it is submitted by the learned counsel for the claim petitioner
that the latter who is a businessman was earning ₹25,000/- 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. It
is also submitted by the learned counsel that the Tribunal ought to
have at least fixed the notional income going by the dictum in
Ramachandrappa v. Manager, Royal Sundaram Alliance Co.
Ltd, (2011) 13 SCC 236.
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
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8.1. Though the allegation is that the claim petitioner
was a businessman at the time of the accident, there is no material to
substantiate the same. There is also no material to show what sort of
business or the nature of business that was being conducted by the
claim petitioner. In the absence of any such evidence, the dictum in
Ramachandrappa (Supra) can be relied on and the notional income
be fixed at 11,000/- per month.
Loss of earnings
9. The materials on record show that the claim
petitioner sustained the following injuries:
"(1) Contusion over left lensform nucleus.
(2) Fracture post wall of right maxillary sinus.
(3) Haematoma left gangliocapsular region.
(4) Tentorial subdural haematoma with mild diffuse
cerebral edema.
(5) Fracture left orbit and right maxilla."
The materials also show that he was hospitalized for a period of 46
days. In all probability, he might have been unable to work for a
period of about 8 months. Hence, he is entitled to - ₹11,000/- x 8
months = ₹88,000/-.
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
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Addition towards future prospects
10. The disability as per Ext.X1 certificate has been
assessed as 50%. The claim petitioner going by the claim petition was
50 years old at the time of the incident. If that be so, 10% of his
established income is liable to be added towards future prospects.
11. 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 -- ₹48,000/- ₹88,000/-
earnings (₹11,000/- x 8
months)
2 Partial loss of -- -- --
earning (No Modification)
3 Transportation ₹20,000/- ₹41,476/- ₹41,476/-
charges (No Modification)
4 Extra ₹50,000/- ₹2,000/- ₹2,000/-
Nourishment (No Modification)
5 Damages to ₹1,000/- ₹1,000/- ₹1,000/-
clothing & (No Modification)
articles
6 Medical ₹3,00,000/- ₹3,53,289/- ₹3,53,289/-
expenses (No Modification)
7 Bystander's -- ₹27,600/- ₹27,600/-
expenses (No Modification)
8 Pain and ₹2,00,000/- ₹40,000/- ₹40,000/-
sufferings (No Modification)
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
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9 Compensation -- ₹20,000/- ₹20,000/-
for loss of (No modification)
amenities
10 Compensation ₹3,00,000/- ₹6,24,000/- ₹9,43,800/-
for permanent (₹11,000/-+
disability 11,000x10%)
x12x13x50/100)
11 Compensation ₹3,00,000/- -- --
for loss of (No Modification)
earning power
Total ₹11,71,000/- ₹11,57,365/- ₹15,17,165/-
limited to rounded to
₹11,00,000/- ₹11,57,400/-
In the result, MACA Nos.501/2020 and 1548/2022 are
disposed off as stated above, by enhancing the compensation by a
further amount of ₹3,59,765/- (total compensation = ₹15,17,165/-,
that is, ₹11,57,400/- granted by the Tribunal + ₹3,59,765/- 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 18 days delay
in filing the appeal) and proportionate costs. The second
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
M.A.C.A.Nos.501 of 2020 & 1548 of 2022
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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
