Kerala High Court
Shamseera vs Moosa on 1 July, 2025
M.A.C.A.No.1219 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
MACA NO. 1219 OF 2020
AGAINST THE AWARD DATED 31.08.2019 IN OP(MV)NO.315 OF
2017 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
KALPETTA.
APPELLANT/PETITIONER:
SHAMSEERA,
AGED 38 YEARS,
W/O.MOIDEEN, KEEZHILTHODI HOUSE,
PULLOORKUNNU, MUPAINAD,
RIPPON POST, VYTHIRI TALUK,
WAYANAD DISTRICT.
BY ADV SMT.CELINE JOSEPH
RESPONDENTS/RESPONDENTS:
1 MOOSA,
AGED 28 YEARS, S/O.ALI,
KEEZHILTHODI HOUSE, PULLOORKUNNU, MUPAINAD,
RIPPON POST, VYHIRI TALUK,
WAYANAD - 673 577.
2 MUHAMMED AMEEN,
AGED 37 YEARS, CHAKKUNKATHODIKA HOUSE,
PULLOORKUNNU, RIPPON POST,
VYTHIRI TALUK,
WAYANAD - 673 577.
3 THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO.LTD.,
M.G.T.BUILDINGS,
KALPETTA NORTH POST -673 122.
M.A.C.A.No.1219 of 2020
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BY ADV SHRI.P.K.BABU
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.1219 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.1219 of 2020
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Dated this the 1st 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.315/2017 on the file of the Motor Accidents Claims Tribunal,
Kalpetta, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 31/08/2019. 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 07/03/2017 at
about 11:00 p.m., while she was travelling in car bearing registration
No.KL-12-K-6724 from Eangapuzha to Mepaddi, driven by the first
respondent/driver in a rash and negligent manner and when she
reached the place by name Vythiri, it collided with lorry bearing
registration No.KL-57-K-235 as a result of which she sustained
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grievous injuries.
3. The first respondent/driver and the second
respondent/owner remained ex parte.
4. The third respondent/insurer filed written statement
admitting the policy, but denying negligence. The occupation,
monthly income, disability etc. of the claim petitioner were disputed.
It was also contended that the amount claimed was exorbitant.
5. Before the Tribunal, no oral evidence was adduced
by either side. Exts.A1 to A9 were marked on the side of the claim
petitioner. No documentary evidence was adduced by the
respondents. Ext.C1 is the Medical Board Report issued by the
District Medical Board, Mananthavady, Wayanad.
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 vehicle resulting in the
incident and hence awarded an amount of ₹2,62,000/- together with
interest @ 8% per annum from the date of the petition till the date of
realisation with proportionate costs. Aggrieved by the Award, the
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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 coolie aged 36 years, was earning an amount of
₹400/- per day. However, the Tribunal fixed the notional income at
₹8,000/- only, which is low going by the dictum in
Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Co. Ltd., (2011) 13 SCC 236.
9.1. In the light of the dictum in Ramachandrappa
(Supra), the notional income is fixed at ₹11,000/-.
Loss of earnings
10. The materials on record show that the claim
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petitioner sustained the following injuries:-
"1. Type I open fracture both bone right leg.
2. Posterior dislocation of Right Hip.
3. Femoral Head fracture right side."
She was hospitalized in two different spells for a total period of 19
days. In the light of the injuries sustained, which include fractures and
two surgeries undergone, in all probability she might have been
unable to work for a period of 6 months. Therefore, the amount she
would be entitled to is ₹11,000/-x 6 months=₹66,000/-.
11. The impugned Award is modified to the following
extent :
Sl. Head of claim Amount Amount Modified in
No claimed Awarded by appeal
Tribunal
a Loss of earnings ₹72,000/- ₹24,000/- ₹66,000/-
(₹11,000/-x 6
months)
b Partial loss of Nil Nil Nil
earning (No modification)
c Transport to ₹5,000/- ₹5,000/- ₹5,000/-
hospital (No modification)
d Extra ₹25,000/- ₹5,000/- ₹5,000/-
nourishment (No modification)
e Damage to ₹2,000/- ₹1,500/- ₹1,500/-
clothing and (No modification)
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articles
f Others:
(i) ₹1,50,000/- ₹1,580/- ₹1,580/-
Compensation (No modification)
for the treatment
and medicine
(ii)Future Nil Nil Nil
treatment (No modification)
(iii)Bystanders ₹15,000/- ₹5,700/- ₹5,700/-
expenses (No modification)
g Compensation ₹10,000/- ₹30,000/- ₹30,000/-
for pain and (No modification)
suffering
h Compensation ₹50,000/- Nil Nil
for continuing (No modification)
or permanent
disability
i Compensation ₹50,000/- ₹1,58,400/- ₹2,17,800/-
for loss of (₹11,000/-
earning power x12x15x11/100)
j Compensation -- ₹30,000/- ₹30,000/-
for the loss of (No modification)
amenities in life
k Physical and -- Nil Nil
mental shock (No modification)
l Inconvenience, -- Nil Nil
hardship, (No modification)
discomfort,
disappointment,
frustration and
mental stress in
life
Total ₹4,69,000/- ₹2,61,180/- ₹3,62,580/-
claim is rounded off to
limited to ₹2,62,000/-
₹2,50,000/-
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In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹1,00,580/- (total compensation
₹3,62,580/-, that is, ₹2,62,000/- granted by the Tribunal + ₹1,00,580/-
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 69 days
delay in filing the appeal) and proportionate costs. The third
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
