Kerala High Court
Arun vs Abhijith.S (Deleted)* on 21 August, 2025
2025:KER:63208
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
MACA NO. 84 OF 2020
AGAINST THE AWARD DATED 04.09.2019 IN OPMV NO.584 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM
APPELLANT/PETITIONER:
ARUN
AGED 23 YEARS
S/O THANKAPPAN, IDAPADIYIL HOUSE, MANNANAM,
ATHIRAMPUZHA VILLAGE, KOTTAYAM
SRI.P.M.JOSHI
SMT.SIJI K.PAUL
RESPONDENTS/RESPONDENT:
1 ABHIJITH.S (DELETED);
THATTADATH HOUSE, MANNANAM PO KOTTAYAM PIN 686561
(R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER
DATED 26.06.2025 IN I.A.NO.1/25)
2 THE ORIENTAL INSURANCE CO. LTD,
KOTTAYAM, KOTTAYAM-1
REPRESENTED BY ITS DIVISIONAL MANAGER
BY ADV SRI.GEORGE A.CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 21.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 84 OF 2020
2
C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A. No.84 of 2020
----------------------------------------------------
Dated this the 21st 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.584/2014 on the file of the Motor Accidents Claims Tribunal,
Kottayam, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 04/09/2019. The sole respondent herein is
the second respondent/insurer in the petition. In this appeal, the
parties and documents will be referred to as described in the
original petition.
2. According to the claim petitioner, on 22/12/2013 at
02:45 p.m., while he was pillion riding on motorcycle bearing
registration no.KL-5/AH 3280 ridden by the first respondent
through the Adichira-Ammancheri road, due to the rash and
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MACA NO. 84 OF 2020
negligent riding of the latter, the motorcycle collided with
motorcycle bearing registration no.KL-5/AE 2211, as a result of
which he sustained grievous injuries. A sum of ₹5,00,000/- was
claimed as compensation under various heads.
3. The first respondent/owner-cum-rider remained ex parte.
4. The second respondent/insurer filed written statement
admitting the existence of a valid policy in respect of the offending
vehicle. It was contended that the accident occurred due to the
negligence of the rider of the motorcycle bearing registration
no.KL-5/AE 2211. It was also contended that the compensation
claimed was quite excessive.
5. Before the Tribunal, no oral evidence was adduced by
either side. Exts.A1 to A5 were marked on the side of the claim
petitioner. No documentary evidence was produced by the second
respondent/insurer.
6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part
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of the first respondent/owner-cum-rider of the offending vehicle
resulting in the incident and hence awarded an amount of
₹1,00,410/- 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 -
Notional income
It is submitted by the learned counsel for the claim petitioner
that the latter, a 23 year old driver, was earning ₹12,000/- per
month. However, the Tribunal fixed the notional income at
₹4,000/-, which is quite low and hence the same needs to be
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appropriately enhanced. Per contra, it is submitted by the learned
counsel for the second respondent/insurer that in the absence of
evidence proving income, no infirmity has been committed by the
Tribunal in fixing the notional income. However, if the Court is
inclined to enhance the same, it may be according to the dictum in
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance
Co. Ltd, (2011) 13 SCC 236.
9.1. There are no materials on record to prove either the
income or the avocation of the claim petitioner. However, going by
the dictum in Ramachandrappa (Supra), the income of even a coolie
in the year 2013 is liable to be fixed as ₹9,000/-. Hence, the
notional income of the claim petitioner can also be fixed as
₹9,000/-.
Bystander expenses
10. The accident took place on 22/12/2013. The claim
petitioner was hospitalized for a period of 20 days. Therefore, I find
that bystander expense at the rate of ₹300/- per day for a period of
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20 days can be granted.
Compensation for loss of amenities in life
11. In the light of the injury sustained, which includes a
fracture, as well as the period of hospitalisation, I find that an
amount of ₹50,000/- 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
No. claimed Awarded appeal
(in ₹) by (in ₹)
Tribunal
(in ₹)
1. Loss of earning 3,00,000/- 24,000/- 54,000/-
(4,000 x 6) (9,000 x 6)
2. Loss of earning 10,000/- Nil Nil
(partial) (No Modification)
3. Medical and 1,00,000/- 5,410/- 5,410/-
miscellaneous (No Modification)
expenses
4. Bystander expense 20,000/- 5,000/- 6,000/-
(300 x 20)
5. Transportation 5,000/- 1,000/- 1,000/-
expenses (No Modification)
6. Extra nourishment 5,000/- 4,000/- 4,000/-
(No Modification)
7. Damage to clothing 1,000/- 1,000/- 1,000/-
etc (No Modification)
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8. Pain and suffering 1,00,000/- 60,000/- 60,000/-
(No Modification)
9. Loss/reduction in 4,00,000/- Nil Nil
earning capacity (No Modification)
10. Loss of amenities 3,00,000/- Nil 50,000/-
and conveniences
Total 12,41,000/- 1,00,410/- 1,81,410/-
limited to
5,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹81,000/- (total
compensation = ₹1,81,410/- that is, ₹1,00,410/- granted by the
Tribunal plus ₹81,000/- 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 32 days delay in filing the appeal) and
proportionate costs. The second 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.
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Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
