Kerala High Court
M.S.Muraleedharan vs Radhakrishnan B on 14 August, 2025
M.A.C.A.Nos.558 & 612 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
MACA NO. 558 OF 2020
AGAINST THE AWARD DATED 05.09.2019 IN OP(MV)NO.1242 OF
2016 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
THIRUVANANTHAPURAM.
APPELLANT/PETITIONER:
M.S.MURALEEDHARAN,
AGED 47 YEARS,
S/O.SIVAN, MADHAVAMANDIRAM, MADATHUVILAKAM,
MANIKANTESWARAM, VATTIYOORKAVU P.O.,
THIRUVANANTHAPURAM, PIN - 695 013.
BY ADVS.
SHRI.BIJU BALAKRISHNAN
SMT.SAYUJYA RADHAKRISHNAN
RESPONDENTS/RESPONDENTS:
1 RADHAKRISHNAN B.,
S/O.BHASKARAN, THOPPIL KOCHU VEEDU,
KANNIMELCHERY, MARUTHADY P.O., KOLLAM - 691 536.
2 THE ORIENTAL INSURANCE COMPANY LTD.,
THIRD PARTY HUB, ST.MARYS VILLA, ULLOOR,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695 011.
REPRESENTED BY ITS MANAGER.
3 AJITHA,
W/O.MOHANAN, KAVITHALAYAM, CHENTHIPPOORU,
VENGODU P.O., KUDAPPANAKUNNU,
THIRUVANANTHAPURAM - 695 028.
M.A.C.A.Nos.558 & 612 of 2020
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4 MOHANAN A.,
S/O.APPUKUTTAN, KAVITHALAYAM, CHENTHIPPOORU,
VENGODU P.O., KUDAPPANAKUNNU,
THIRUVANANTHAPURAM - 695 028.
5 THE ICICI LOMBARD GENERAL INSURANCE CO.LTD.
MAHESH ESTATE, GROUND FLOOR, VAZHUTHACAUD,
THYCAUD P.O., THIRUVANANTHAPURAM - 695 014,
REPRESENTED BY ITS MANAGER.
BY ADV. SMT.K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 14.08.2025, ALONG WITH MACA.612/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.Nos.558 & 612 of 2020
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2025:KER:61695
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
MACA NO. 612 OF 2020
AGAINST THE AWARD DATED 05.09.2019 IN OP(MV)NO.1276 OF
2016 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
THIRUVANANTHAPURAM.
APPELLANT/PETITIONER:
RAKESH VIJAYAN,
AGED 36 YEARS,
S/O.VIJAYAKUMAR, RV COTTAGE, SAGARA - 89, KUZHIVILA,
PATHIRAPPALLI, KUDAPPANAKUNNU P.O.,
THIRUVANANTHAPURAM, PIN - 695 043.
BY ADVS.
SHRI.BIJU BALAKRISHNAN
SMT.SAYUJYA RADHAKRISHNAN
RESPONDENTS/RESPONDENTS:
1 RADHAKRISHNAN B.,
S/O.BHASKARAN, THOPPIL KOCHU VEEDU,
KANNIMELCHERY, MARUTHADY P.O., KOLLAM - 691 536.
2 THE ORIENTAL INSURANCE COMPANY LTD.,
THIRD PARTY HUB, ST.MAR'S VILLA, ULLOOR,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695 011.
REPRESENTED BY ITS MANAGER.
3 AJITHA,
W/O.MOHANAN, KAVITHALAYAM, CHENTHIPPOORU,
VENGODU P.O., KUDAPPANAKUNNU,
THIRUVANANTHAPURAM - 695 043.
M.A.C.A.Nos.558 & 612 of 2020
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4 MOHANAN A.,
S/O.APPUKUTTAN, KAVITHALAYAM, CHENTHIPPOORU,
VENGODU P.O., KUDAPPANAKUNNU,
THIRUVANANTHAPURAM - 695 043.
5 THE ICICI LOMBARD GENERAL INSURANCE CO.LTD.,
MAHESH ESTATE, GROUND FLOOR, VAZHUTHACAUD,
THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.
REPRESENTED BY ITS MANAGER.
BY ADV
SMT.LATHA SUSAN CHERIAN
SMT.K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 14.08.2025, ALONG WITH MACA.558/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.Nos.558 & 612 of 2020
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C.S.SUDHA, J.
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M.A.C.A.Nos.558 & 612 of 2020
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Dated this the 14th day of August 2025
JUDGMENT
These appeals have been filed under Section 173 of the Motor
Vehicles Act, 1988 (the Act) by the claim petitioners in O.P.(MV)
Nos.1242 & 1276 of 2016 on the file of the Motor Accidents Claims
Tribunal, Thiruvananthapuram, (the Tribunal), aggrieved by the amount
of compensation granted by common Award dated 05/09/2019. The
respondents in both the appeals are the respondents in the petitions. In
these appeals, the parties and the documents will be referred to as
described in the original petitions.
2. According to the claim petitioners, on 02/10/2015, at
about 07:30 a.m., while they were travelling in car bearing registration
no.KL-01-AN-3514 from Thiruvananthapuram to Kollam and when
they reached near the place by name Mukkada junction, another car
bearing registration no.KL-02-AM-4342 driven by the first respondent
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in a rash and negligent manner dashed against their car, as a result of
which they sustained grievous injuries. A sum of ₹2,00,000/- was
claimed by the claim petitioner in O.P.(MV) No.1242/2016 and a sum
of ₹4,00,000/- by the claim petitioner in O.P(MV) No.1276/2016 as
compensation under various heads.
3. The third respondent/owner and the fourth
respondent/driver of the car bearing registration No.KL-01-AN-3514
remained ex parte in both the petitions.
4. The first respondent/owner-cum-driver filed written
statement denying negligence on his part. It was contended that the
amount claimed was excessive.
5. The second respondent/insurer of the offending
vehicle filed written statement admitting the policy. It was also
contended that the amount claimed was excessive.
6. The fifth respondent/insurer of the car bearing
registration No.KL-01-AN-3514 filed written statement admitting the
policy.
7. Before the Tribunal, no oral evidence was adduced by
either side. Exts.A1 to A13 were marked on the side of the claim
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petitioners. Ext.B1 was produced by the respondents.
8. The Tribunal on consideration of the 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 amount of ₹1,59,640/- in OP(MV) No.1242/2016
and ₹2,53,700/- in OP(MV) No.1276/2016 together with interest @ 8%
per annum from the date of the petition till realisation along with
proportionate costs. Aggrieved by the Award, the claim petitioners have
come up in appeal.
9. 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.
10. Heard both sides.
Notional income
It is submitted by the learned counsel for the claim petitioner
that the notional income of ₹8,000/- fixed by the Tribunal is on the
lower side and hence, the same needs to be appropriately enhanced.
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10.1. In the light of the dictum in Ramachandrappa v.
Manager, Royal Sundaram Alliance Co. Ltd, (2011) 13 SCC 236,
the monthly income can be fixed as ₹10,000/-.
Compensation for pain and suffering
11. The materials on record show that the claim petitioner
sustained the following injuries -
"Swelling in (Lt) hand above wrist, # lower end
radius and hematoma above (Rt) eyebrow."
In the light of the injuries sustained, I find that an amount of ₹35,000/-
under this head would be just and reasonable.
12. The impugned Award is modified to the following
extent:
Sl. Head of claim Amount Amount Modified in appeal
No. claimed Awarded by
Tribunal
Part I
1 Compensation ₹18,000/- ₹24,000/- ₹30,000/-
for loss of (₹10,000/-x3
earnings months)
2 Transport to ₹5,000/- ₹1,000/- ₹1,000/-
Hospital and (No Modification)
back home
3 Extra ₹4,000/- ₹1,000/- ₹1,000/-
nourishment (No Modification)
4 Damages to ₹2,000/- ₹1,000/- ₹1,000/-
clothing and (No Modification)
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articles
5 Medical ₹10,000/- -- --
expenses (No Modification)
6 Attendant's ₹2,000/- -- --
expenses (No Modification)
Part II
7 Compensation ₹25,000/- ₹25,000/- ₹35,000/-
for Pain and
suffering
8 Compensation ₹75,000/- ₹80,640/- ₹1,00,800/-
for the (₹10,000/-
permanent x12x14x6/100)
disability
9 Compensation ₹40,000/- -- --
for loss of future (No Modification)
earning power
10 Compensation ₹50,000/- ₹27,000/- ₹27,000/-
for the loss of (No modification)
amenities in life
Total ₹2,31,000/- ₹1,59,640/- ₹1,95,800/-
limited to
₹2,00,000/-
Notional income
13. It is submitted by the learned counsel for the claim
petitioner that the notional income of ₹8,000/- fixed by the Tribunal is
on the lower side and hence, the same needs to be appropriately
enhanced.
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13.1. In the light of the dictum in Ramachandrappa v.
Manager, Royal Sundaram Alliance Co. Ltd, (2011) 13 SCC 236,
the monthly income can be fixed as ₹10,000/-.
Compensation for pain and suffering
14. The materials on record show that the claim petitioner
sustained the following injuries -
"External rotation deformity of 10 degrees of
left leg, flexion of left knee limited by 5 degrees
and dorsiflexion and plantar flexion of left
ankle limited by 5 degrees each."
In the light of the injuries sustained, I find that an amount of ₹50,000/-
under this head would be just and reasonable.
15. The impugned Award is modified to the following
extent:
Sl. Head of claim Amount Amount Modified in appeal
No. claimed Awarded by
Tribunal
Part I
1 Compensation ₹36,000/- ₹40,000/- ₹50,000/-
for loss of (₹10,000/-x5
earnings months)
2 Transport to ₹5,000/- ₹1,000/- ₹1,000/-
Hospital and (No Modification)
back home
3 Extra ₹4,000/- ₹2,000/- ₹2,000/-
nourishment (No Modification)
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4 Damages to ₹2,000/- ₹1,000/- ₹1,000/-
clothing and (No Modification)
articles
5 Cost of ₹10,000/- ₹4,100/- ₹4,100/-
Medicines & (No Modification)
Hospital
expenses
6 Attendant's ₹4,000/- ₹1,800/- ₹1,800/-
expenses (No Modification)
Part II
7 Compensation ₹40,000/- ₹40,000/- ₹50,000/-
for Pain and
suffering
8 Compensation ₹2,75,000/- ₹1,22,800/- ₹1,53,600/-
for the (₹10,000/-
permanent x12x16x8/100)
disability
9 Compensation ₹40,000/- -- --
for loss of future (No Modification)
earning power
10 Compensation ₹75,000/- ₹41,000/- ₹41,000/-
for loss of (No modification)
amenities
Total ₹4,91,000/- ₹2,53,700/- ₹3,04,500/-
limited to
₹4,00,000/-
In the result, MACA No.558/2020 is allowed by enhancing the
compensation by a further amount of ₹36,160/- (total compensation =
₹1,95,800/-, that is, ₹1,59,640/- granted by the Tribunal + ₹36,160/-
granted in appeal) and MACA No.612/2020 is allowed by enhancing
the compensation by a further amount of ₹50,800/- (total compensation
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= ₹3,04,500/- that is, ₹2,53,700- granted by the Tribunal + ₹50,800/-
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
second respondent/insurer is directed to deposit the aforesaid amounts
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 petitioners 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
