Kerala High Court
M.K.Sheela vs Samikutty on 2 July, 2025
2025:KER:48331
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M.A.C.A.No.1303 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
MACA NO. 1303 OF 2020
AGAINST THE AWARD DATED 17.01.2020 IN OPMV NO.1133 OF
2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL,
KOZHIKODE.
APPELLANT/PETITIONERS:
1 M.K.SHEELA,
AGED 57 YEARS,
W/O. LATE K. VELAYUDHAN,
MONTHALA KALATH HOUSE, THIRICHILANGADI,
FEROOK COLLEGE, RAMANATTUKARA P. O., KOZHIKODE -
673 632.
2 M. K. SREEJITH,
AGED 35 YEARS,
S/O. LATE K. VELAYUDHAN, MONTHALA KALATH HOUSE,
THIRICHILANGADI, FEROOK COLLEGE,
RAMANATTUKARA P. O., KOZHIKODE - 673 632.
3 M. K. AJITH
AGED 33 YEARS
S/O. LATE K. VELAYUDHAN,
MONTHALA KALATH HOUSE, THIRICHILANGADI,
FEROOK COLLEGE, RAMANATTUKARA P. O.,
KOZHIKODE - 673 632.
RESPONDENTS/RESPONDENTS:
1 SAMIKUTTY
S/O. APPUNNI, 12/418,
PARAMBIL HOUSE, FEROKE P. O.,
KOZHIKODE - 673 631.
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M.A.C.A.No.1303 of 2020
2 MUHAMMED SHAFEEK V. P.
AGED 48 YEARS
S/O. V. P. MUHAMMED, RAHMATH MANZIL,
RAMANATTUKARA, KOZHIKODE - 673 633.
3 UNITED INDIA INSURANCE COMPANY LIMITED,
REPRESNTED BY THE MANAGER/AUTHORISED SIGNATORY,
KADOOR BUILDING, NEAR POOVANNUR PALLI,
RAMANATTUKARA, KOZHIKODE - 673 633.
BY ADVS.
SRI.JOHN JOSEPH VETTIKAD
SRI.C.JOSEPH JOHNY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 02.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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M.A.C.A.No.1303 of 2020
C.S.SUDHA, J.
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M.A.C.A.No.1303 of 2020
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Dated this the 2nd day of July 2025
JUDGMENT
This appeal has been filed under Section 173 of the
Motor Vehicles Act, 1988 (the Act) by the claim petitioners in
O.P.(MV) No.1133/2018 on the file of the Motor Accidents
Claims Tribunal, Kozhikode (the Tribunal), aggrieved by the
amount of compensation granted by Award dated 17/01/2020.
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. The claim petitioners are the wife and children
of deceased Velayudhan. According to the claim petitioners, on
07/02/2018 at about 08:00 p.m., while the deceased was walking
through the side of Feroke College - Feroke Chungam road and
when he reached the place by name Thirichilangadi, scooter
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bearing registration no.KL-11-AV-7961 ridden by the second
respondent in a rash and negligent manner knocked him down as
a result of which he sustained grievous injuries, to which he
succumbed.
3. The first respondent-owner and the second
respondent-rider of the offending scooter remained ex-parte.
4. The third respondent-insurer filed written
statement admitting the policy, but denying negligence on the part
of the second respondent. The averments in the petition regarding
age, occupation, income and injuries sustained to the deceased
were disputed. The amount claimed under various heads was also
disputed.
5. Before the Tribunal, no oral evidence was
adduced by either side. Exts.A1 to A10 were marked on the side
of the claim petitioners. No documentary evidence was adduced
by the third respondent.
6. The Tribunal on consideration of the
documentary evidence and after hearing both sides, found
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negligence on the part of the second respondent-rider of the
offending motorcycle resulting in the incident and hence awarded
an amount of ₹6,53,000/- together with interest @ 8% per annum
from the date of the petition till realisation along with
proportionate costs. Aggrieved by the Award, the claim
petitioners have 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 petitioners-
Notional income
It is submitted by the learned counsel for the claim
petitioners that the deceased, a coolie aged 68 years was earning
₹24,000/- per month. However, the Tribunal fixed the notional
income at ₹10,000/-, which is low in the light of the dictum in
Ramachandrappa v. Manager, Royal Sundaram Alliance
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Insurance Company Ltd, (2011) 13 SCC 236.
9.1. In the light of the dictum in Ramachandrappa
(Supra), the notional income is fixed at ₹11,500/-.
Compensation for loss of consortium and loss of love and
affection
10. Admittedly, the claim petitioners are the wife
and children of the deceased. Therefore, the first claim petitioner
is entitled to an amount of ₹40,000/- towards loss of spousal
consortium and claim petitioners 2 and 3 to ₹40,000/- each
towards parental consortium. Therefore, the total amount to which
they would be entitled is ₹40,000/- x 3 =₹1,20,000/-. The Tribunal
has granted an amount of ₹40,000/- towards spousal consortium
and ₹1,00,000/- towards loss of love and affection. Therefore, an
amount of ₹20,000/- more is seen awarded than to which they are
entitled to. The learned counsel for the third respondent-insurer
submits that the said amount needs to be deducted. However, it is
seen that no cross objection or appeal has been filed by the third
respondent-insurer. Hence in the appeal filed by the claim
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petitioners, it is not possible to deduct the amount.
11. The impugned Award is modified to the
following extent:
Sl Head of claim Amount Amount Modified in
. claimed Awarded by appeal
N Tribunal
o. (in ₹) (in ₹) (in ₹)
1. Loss of 5,00,000/- 4,00,000/- 4,60,000/-
dependency (11,500/- x 12
x 2/3 x 5)
2. Medical expenses 25,000/- 83,000/- 83,000/-
(No modification)
3. Spousal 5,00,000/- 40,000/- 40,000/-
consortium (No modification)
4. Love and affection 5,00,000/- 1,00,000/- 1,00,000/-
(No modification)
5. Loss of estate 5,00,000/- 15,000/- 15,000/-
(No modification)
6. Funeral expenses 50,000/- 15,000/- 15,000/-
(No modification)
Total Limited to 6,53,000/- 7,13,000/-
10,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹60,000/- (total
compensation = ₹7,13,000/- that is, ₹6,53,000/- granted by the
Tribunal + ₹60,000/- granted in appeal) with interest at the rate of
8% per annum from the date of petition till date of realization
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and proportionate costs. The third respondent/insurance company
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 petitioners 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
Jms
