Kerala High Court
Ashraf.E.P vs The New India Assurance Co. Ltd on 21 July, 2025
M.A.C.A. No.368 of 2020
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2025:KER:54035
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
MACA NO. 368 OF 2020
AGAINST THE AWARD DATED 22.03.2019 IN OP(MV)NO.490 OF
2016 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
THALASSERY.
APPELLANT/PETITIONER:
ASHRAF.E.P.,
AGED 50 YEARS
S/O. MUHAMMED, RAFNAS, PONNIAM EAST, PULLIODI,
KANNUR, PIN-670 641.
BY ADV SRI.ASHWIN SATHYANATH
RESPONDENT/2ND RESPONDENT:
THE NEW INDIA INSURANCE CO. LTD,
REPRESENTED BY ITS BRANCH MANAGER,
KANNUR, PIN- 670 001.
BY ADV P.M.M.NAJEEB KHAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A. No.368 of 2020
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C.S.SUDHA, J.
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M.A.C.A. No.368 of 2020
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Dated this the 21st day of July, 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.490/2016 on the file of the Motor Accidents Claims Tribunal,
Thalassery (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 22/03/2019. The respondent herein is the
second respondent 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 23/02/2016,
while he was riding his motorbike from Ponniam to Vettummal and
when he reached the place of accident, car bearing registration no.
KL-58K/3587 driven by the first respondent in a rash and negligent
manner knocked him down as a result of which he sustained grievous
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injuries. An amount of ₹10,00,000/- was claimed as compensation
under various heads.
3. The first respondent/owner-cum-driver 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/driver. 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 A8 were marked on the side of the claim
petitioner. No documentary evidence was adduced on the side of the
respondents. Exts.X1 disability certificate and X2 case sheet are 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/driver of the offending car resulting in the
incident and hence awarded an amount of ₹6,14,100/- together with
interest @ 8% per annum from the date of the petition till the date of
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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 business man, was earning ₹20,000/- per month.
However, the Tribunal fixed the notional income at ₹8,000/- only,
which is quite low and hence the same needs to be enhanced
appropriately. She also submits that the notional income may be fixed
as per the dictum in Ramachandrappa v. Manager, Royal
Sundaram Alliance Co. Ltd, (2011) 13 SCC 236. Per contra, it is
submitted by the learned counsel for the second respondent/insurer
that the amount fixed by the Tribunal is reasonable and that it does
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not call for any interference.
9.1. In the light of the dictum in Ramachandrappa
(Supra), the notional income can be fixed at ₹10,500/- per month.
Loss of earnings
10. The materials on record show that the claim
petitioner sustained the following injuries:
"(a) Fracture T12, L1 and L2 transverse process
(b) Subluxation of T12 vertebra (T12-L1 intruded disc)
(c) Fracture 6th , 7th and 12th ribs right
(d) Lacerated wound 2x ½ cm on temporal region
(e) Pain over right wrist and ankle
(f) Multiple abrasions face and limbs
(g) Tentorial sub-arachnoid haemorrhage."
He was hospitalized for a period of nearly two months. Therefore,
taking into account the nature of injuries sustained and the period of
hospitalization, in all probability, he might have been unable to work
for a period of 10 months. Thus the amount to which he would be
entitled is - ₹10,500/-x10 months =₹1,05,000/- .
11. The impugned Award is modified to the following
extent :
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Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
Tribunal
1 Loss of earnings ₹1,80,000/- ₹64,000/- ₹1,05,000/-
(₹10,500/- x 10
months)
2 Partial loss of -- -- --
earning (No modification)
3 Transport to ₹20,000/- ₹7,000/- ₹7,000/-
hospital (No modification)
4 Extra ₹10,000/- ₹10,000/- ₹10,000/-
nourishment (No modification)
5 Damage to -- ₹1,500/- ₹1,500/-
clothing and (No modification)
articles
6 Bystander's -- ₹23,300/- ₹23,300/-
expenses (No modification)
7 Medical ₹3,00,000/- ₹2,35,500/- ₹2,35,500/-
expenses (No modification)
8 Pain and ₹1,50,000/- ₹60,000/- ₹60,000/-
suffering (No modification)
9 Compensation ₹1,00,000/- ₹40,000/- ₹40,000/-
for loss of (No modification)
comforts and
amenities
10 Compensation ₹2,00,000/- ₹1,72,800/- ₹2,26,800/-
for permanent (₹10,500/- x
disability 20/100x12x9 )
11 Compensation ₹40,000/- -- --
for loss of (No modification)
earning, loss of
enjoyment etc.
Total ₹10,00,000/- ₹6,14,100/- ₹7,09,100/-
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In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹95,000/- (total compensation
₹7,09,100/-, that is, ₹6,14,100/- granted by the Tribunal + ₹95,000/-
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 213
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
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
