[Cites 0, Cited by 0]
Kerala High Court
A Shamsudheen vs V Abdulla on 5 December, 2025
2025:KER:94667
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 5TH DAY OF DECEMBER 2025 / 14TH AGRAHAYANA,
1947
MACA NO. 3087 OF 2015
AGAINST THE AWARD DATED 26.05.2008 IN OPMV NO.526
OF 1997 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL , KALPETTA
APPELLANTS/ PETITIONERS:
1 A SHAMSUDHEEN
S/O. AMMED HAJI, ARAKKA HOUSE, KATTAYAD P.O.,
VELLAMUNDA, MANANTHAVADY, WAYANAD DISTRICT.
2 SHAHLA SHAMS ( SOUGHT TO BE IMPLEADED )
W/O. LATE A. SHAMSUDHEEN, ARAKKA HOUSE,
KATTAYAD, VELLAMUNDA, WAYANAD ( SOUGHT TO BE
IMPLEADED )
3 ASYA ( SOUGHT TO BE IMPLEADED )
W/O. LATE AMMED HAJI, ARAKKA HOUSE, KATTAYAD,
VELLAMUNDA WAYANAD ( SOUGHT TO BE IMPLEADED )
4 ASIYA SHAHRUK SULTHAN A, (MINOR), ( SOUGHT TO
BE IMPLEADED )
S/O. SHAMSUDHEEN A., ARAKKA HOUSE, KATTAYAD,
VELLAMUNDA, WAYANAD, REPRESENTED BY FIRST
APPLICANT MOTHER SHAHLA SHAMS ( SOUGHT TO BE
MACA NO. 3087 of 2015
2025:KER:94667
: 2 :
IMPLEADED )
5 SHEIKA YASMIN A (MINOR) ( SOUGHT TO BE
IMPLEADED )
D/O. SHAMSUDHEEN A., ARAKKA HOUSE, KATTAYAD,
VELLAMUNDA, WAYANAD REPRESENTED BY FIRST
APPLICANT MOTHER SHAHLA SHAMS ( SOUGHT TO BE
IMPLEADED )
6 SHAHAN AKBAR A (MINOR) ( SOUGHT TO BE IMPLEADED
)
S/O. SHAMSUDHEEN A, ARAKKA HOUSE, KATTAYAD,
VELLAMUNDA, WAYANAD REPRESENTED BY FIRST
APPLICANT MOTHER SHAHLA SHAMS ( SOUGHT TO BE
IMPLEADED )
7 SHAIRA JASMIN A (MINOR) ( SOUGHT TO BE
IMPLEADED )
D/O. SHAMSUDHEEN A., ARAKKA HOUSE KATTAYAD,
VELLAMUNDA, WAYANAD REPRESENTED BY FIRST
APPLICANT MOTHER SHAHLA SHAMS ( SOUGHT TO BE
IMPLEADED )
(ADDITIONAL APPELLANTS 2 TO 7 ARE IMPLEADED AS
PER ORDER DATED 05.12.2025 IN I.A. NO.1 OF 2025
BY ADV SHRI.M.C.JOHN
RESPONDENTS:
1 V ABDULLA
S/O HAMEED, VAZHAYIL HOUSE, MAKKIYAD,
MANANTHAVADY, WAYANAD DISTRICT, PIN-673121
(OWNER OF THE JEEP KL-12/8897).
2 ABDUL BASHEER
S/O. AHAMMED HAJI, KINATTINGAL HOUSE,
VELLAMUNDA, MANANTHAVADY, WAYANAD DISTRICT,
PIN-673121 (DRIVER OF THE JEEP KL-12/8897).
MACA NO. 3087 of 2015
2025:KER:94667
: 3 :
3 THE UNITE INDIA INSURANCE COMPANY LTD.
VELLIMANA BUILDING, THAMARASSERY (INSURER OF
THE JEEP KL-12/8897).
BY ADV SHRI.P.MURALEEDHARAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 05.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA NO. 3087 of 2015
2025:KER:94667
: 4 :
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.526
of 1997 on the file of the Motor Accidents Claims Tribunal,
Kalpetta, claiming compensation. The respondents herein are
the respondents before the tribunal.
2. The case of the claimant is that on 26.04.1997, at
about 06:00 a.m., while the claimant was travelling from
Kattayad to Karipoor Airport in a jeep bearing Registration
No. KL-12/8897, driven by the 2nd respondent in a rash and
negligent manner, applied a sudden brake. As a result, the
claimant was thrown out of the jeep and sustained grievous
injuries. The claimant approached the tribunal claiming a
total compensation of ₹2,00,000/-.
3. The first and second respondents/ owner and the
driver of the offending vehicle, respectively remained ex
parte before the tribunal. The 3rd respondent/insurer, filed a
written statement admitting the insurance policy, but
challenging the quantum of compensation claimed. Before
MACA NO. 3087 of 2015
2025:KER:94667
: 5 :
the tribunal, Exts.A1 to A7 and C1 were marked. The
tribunal, after analysing the pleadings and materials on
record, held that the accident took place on account of the
negligence of the driver of the offending vehicle and awarded
a sum of ₹42,200/- with interest @6% per annum as
compensation under different heads against the 3 rd
respondent being the insurer. Dissatisfied with the quantum
of compensation awarded by the tribunal, the claimant has
come up in appeal.
4. The learned counsel for the appellant submitted
that, along with I.A. No. 1 of 2022, additional documents
were produced to prove that the claimant is still undergoing
treatment for neurological problems, including epilepsy. The
accident occurred in the year 1997. The additional
documents produced also reveal that he had undergone
treatment at Baby Memorial Hospital Ltd. in 2016.
5. Heard the learned Counsel for the appellant and the
learned Standing Counsel for the respondent insurer.
MACA NO. 3087 of 2015
2025:KER:94667
: 6 :
6. The claimant has filed this appeal challenging
compensation under the following heads:-
Notional income:- The learned counsel for the
appellant submitted that the tribunal had taken only an
amount of ₹1,250/- as the income of the claimant, who was
aged 10 years at the time of accident. Considering the age of
the injured and the year of the accident, I find that the
income fixed by the tribunal is reasonable. Therefore, I do
not find any reason to interfere with the same.
Pain and suffering:- The learned counsel for the
appellant submits that the tribunal had awarded only an
amount of ₹5,000/- towards pain and suffering, which is on
the lower side. Considering the injuries sustained by the
appellant, I am inclined to grant an amount of ₹10,000/- to
the appellant as a total compensation towards pain and
suffering. Thus, the appellant will be entitled to get an
additional amount of ₹5,000/- as compensation under this
head.
MACA NO. 3087 of 2015
2025:KER:94667
: 7 :
Loss of amenities :- On a perusal of the records it is
seen that the tribunal has not awarded any amount towards
loss of amenities. Considering the loss of enjoyment in life, I
find that the appellant is entitled to get a total amount of
₹10,000/- as compensation under the afore head.
7. On a perusal of the award, it is evident that the
claimant had not sustained any significant injury at the time
of the accident. The discharge summary also reveals that no
serious injuries were suffered in the accident that occurred
in the year 1997. Treatment now undergone does not reveal
whether it is due to the accident that took place in 1997. For
want of evidence, I am not inclined to grant any additional
compensation. Though the appellant challenged the quantum
of compensation under the other heads, on a perusal of the
award passed and the records available, I am not inclined to
interfere with the same under other heads since it appears to
be just and reasonable.
8. Thus, the impugned award of the Tribunal is
MACA NO. 3087 of 2015
2025:KER:94667
: 8 :
modified as follows:-
Sl.
No Head of Amount Amount Modified Total
Claim claimed awarded in appeal compensati
by the on
Tribuna
l
hospital modified
nourishment modified
article modified
expenses modified
5 Permanent 9,000 Not 9,000
disability modified
6 Medical bills 26,430 Not 26,430
modified
7 Medical 26,500 Not 26,500
expenses modified
8 Pain and 5,000 5,000 10,000
suffering
9 Loss of Nil 10,000 10,000
amenities
TOTAL 68,630 15,000 83,630
Accordingly, the appeal is allowed in part and the
appellant is awarded an additional compensation of
₹15,000/- (Rupees Fifteen thousand only) over and above
the compensation awarded by the tribunal with interest @6%
MACA NO. 3087 of 2015
2025:KER:94667
: 9 :
per annum from the date of petition till realization and
proportionate costs. The respondent insurer shall deposit the
said amount together with interest and costs within a period
of two months from the date of receipt of a certified copy of
this judgment. The appellant shall furnish copies of the PAN
Card, AADHAAR Card and bank details before the
respondent insurer within a period of one month so as to
enable the insurance company to make the deposit as
ordered above. In case of failure to furnish details as above,
it shall be open for the insurance company to deposit the said
amount before the tribunal. Upon such deposit being made,
the entire amount shall be disbursed to the appellant at the
earliest in accordance with law. However, it is made clear
that the enhanced compensation will not carry interest for
the period of delay of 2510 days in filing the appeal.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SRJ
