Kerala High Court
Gireesh Kumar vs Muhammed on 22 August, 2025
M.A.C.A. No.805 of 2020
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2025:KER:64112
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
MACA NO. 805 OF 2020
AGAINST THE AWARD DATED 19/09/2019 IN OP(MV)NO.163 OF 2018
ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.
APPELLANT/PETITIONER:
GIREESH KUMAR,
AGED 62 YEARS,
S/O.SAMI KUTTY, MATHA AMRUTHANANTHAMAY MADAM,
AMRUTHAPURI P.O., KOLLAM DISTRICT - 690 525.
BY ADV SHRI.ANIL KUMAR K.P.
RESPONDENTS/RESPONDENTS:
1 MUHAMMED,
S/O.MOYI, PULKUZHIYIL HOUSE,
PUTHUPADY P.O., KOZHIKODE - 673 573.
2 MUHAMMED FAYIS C.P.,
AGED 25 YEARS, S/O.MOYINKUTTY,
EZHUKALARAYIL HOUSE, PARAPPANPOYIL P.O.,
KOZHIKODE - 673 573.
3 SBI GENERAL INSURANCE COMPANY LTD.,
REPRESENTED BY THE MANAGER/AUTHORISED SIGNATORY,
JUNCTION OF WESTERN EXPRESS HIGHWAY, ANDERI EAST,
MUMBAI - 400 069.
BY ADV SRI.LATHEESH SEBASTIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 22.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A. No.805 of 2020
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C.S.SUDHA, J.
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M.A.C.A. No.805 of 2020
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Dated this the 22nd day of August, 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1988
(the Act) has been filed by the claim petitioner in O.P.(MV)
No.163/2018 on the file of the Motor Accidents Claims Tribunal,
Kozhikode (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 19/09/2019. 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 28/08/2017 at
about 09:00 a.m., while he was driving jeep bearing registration no.
KL-07-CA-5138 from Thamarassery to Kozhikode and when he reached
the place by name Odakkunnu, car bearing registration No.KL-57-E-
9282 driven by the second respondent in a rash and negligent manner
dashed against his jeep, as a result of which he sustained grievous
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injuries. A sum of ₹5,00,000/- was claimed as compensation under
various heads.
3. The first respondent/owner and the second
respondent/driver filed written statements denying negligence on the
part of the latter.
4. The third respondent/insurer filed written statement
admitting the policy, but denying liability. The age, occupation and
income were disputed. 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 A10 were marked on the side of the claim
petitioner. Ext.B1 policy was marked on the side of the respondents.
6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part of
the second respondent/driver of the offending car resulting in the
incident and hence awarded an amount of ₹1,27,000/- together with
interest @ 8% per annum from the date of the petition till the date of
realisation along with proportionate costs. Aggrieved by the Award, the
claim petitioner has come up in appeal.
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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 was earning ₹20,000/- per month. However, the Tribunal
on the ground that he is a Sanyasi and that he has renounced the world
has not fixed any income or granted any compensation towards loss of
earnings. It is submitted that the income may be appropriately fixed.
9.1. The conclusion of the Tribunal that being a Sanyasi,
the claim petitioner will not be having any income and hence
compensation cannot be awarded, does not seem to be right. There is no
material on record to prove the allegation regarding income. However,
in the light of the dictum in Ramachandrappa v. Manager, Royal
Sundaram Alliance Co. Ltd, (2011) 13 SCC 236, the income of the
claim petitioner can be fixed as ₹11,000/- per month.
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Loss of earnings
10. The materials on record show that the claim petitioner
sustained fracture left radius. In all probability, he might have been
unable to work for a period of 6 months. Therefore, he can be awarded
₹11,000/- x 6 months = ₹66,000/-.
Percentage of disability
11. It is submitted by the learned counsel for the claim
petitioner that based on Ext.A7, the Tribunal ought to have fixed the
functional disability and granted compensation accordingly. The
Tribunal taking into account the materials on record held that there is no
evidence to find that there was any functional disability caused due to
the injury sustained. I do not find any materials on record to disagree
with the finding of the Tribunal on that aspect. As there is no functional
disability which has resulted in loss of earning power, no amount can be
granted as compensation for permanent disability.
12. The impugned Award is modified to the following
extent :
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Sl. Head of claim Amount Amount Modified in appeal
No. claimed Awarded by
Tribunal
1 Loss of earning -- -- ₹66,000/-
(₹11,000/-x6months)
2 Medical bills ₹50,000/- ₹3,000/- ₹3,000/-
(No modification)
3 Bystander's -- ₹14,000/- ₹14,000/-
expenses (No modification)
4 Pain and ₹50,000/- ₹25,000/- ₹25,000/-
sufferings (No modification)
5 Loss of ₹1,20,000/- ₹75,000/- ₹75,000/-
amenities and (No modification)
permanent
disability
6 Transport to ₹2,000/- ₹5,000/- ₹5,000/-
hospital (No modification)
7 Damage to ₹2,000/- ₹1,000/- ₹1,000/-
clothings (No modification)
8 Extra ₹5,000/- ₹4,000/- ₹4,000/-
nourishment (No modification)
Total Limited to ₹1,27,000/- ₹1,93,000/-
₹5,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹66,000/- (total compensation =
₹1,93,000/-, that is, ₹1,27,000/- granted by the Tribunal + ₹66,000/-
granted in appeal) with interest at the rate of 8% per annum from the
date of petition till the date of realization (excluding the period of 198
days delay in filing the appeal) and proportionate costs. The third
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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 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
