Kerala High Court
Thressiamma vs Vijayappan on 2 July, 2025
2025:KER:48366
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. 1306 OF 2020
AGAINST THE AWARD DATED 24.11.2017 IN OPMV NO.860 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANTS/PETITIONERS:
1 THRESSIAMMA
AGED 50 YEARS, PADINJARE KATTUNKAL, CANAL WARD,
ARYAD SOUTH, ALAPPUZHA
2 SNEHA JOSEPH,
AGED 25 YEARS, PADINJARE KATTUNKAL, CANAL WARD,
ARYAD SOUTH, ALAPPUZHA.
3 ADARSH P JOSEPH (MINOR)
PADINJARE KATTUNKAL, CANAL WARD, ARYAD SOUTH,
ALAPPUZHA.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
RESPONDENTS/RESPONDENTS:
1 VIJAYAPPAN
KARIKKATHARAVELI, KANICHUKULANGARA,
ALAPPUZHA - 688582
2 THE MANAGING DIRECTOR,
K.S.R.T.C, THIRUVANANTHAPURAM.
SRI.P.C.CHACKO(PARATHANAM)
SRI.ALEX ANTONY SEBASTIAN P.A.
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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MACA NO. 1306 OF 2020
2
C.S.SUDHA, J.
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M.A.C.A. No.1306 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.860/2014 on the file of the Motor Accidents Claims Tribunal,
Alappuzha, (the Tribunal), aggrieved by the amount of
compensation granted by Award dated 24/11/2017. The respondents
herein are respondents 1 and 2 respectively 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 petitioners, on 21/06/2014
at 05:30 p.m., while the deceased was riding scooter through
Cherthala-Alappuzha National Highway and when he reached near
the Kalappura Prince Hotel, KSRTC bus bearing registration
no.KL155951 driven by the first respondent in a rash and negligent
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manner knocked him down, as a result of which he sustained
grievous injuries to which he succumbed. A sum of ₹15,00,000/-
was claimed as compensation under various heads.
3. The first respondent/driver remained ex parte.
4. Though the second respondent/owner entered
appearance and filed vakalath, no written statement was filed by
them.
5. Before the Tribunal, no oral evidence was
adduced by either side. Exts.A1 to A9 were marked on the side of
the claim petitioners. No documentary evidence was adduced by the
second respondent.
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 ₹10,35,552/- together
with interest @ 8% per annum from the date of the petition till
realisation along with proportionate costs. Aggrieved by the Award,
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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 head is challenged by the claim petitioners -
Notional income
It is submitted by the learned counsel for the claim
petitioners that the deceased, a 49 year old tuition teacher, was
earning an amount of ₹10,000/- per month. However, the Tribunal
has fixed the notional income at ₹6,500/- which is low in the light
of the dictum in Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Co. Ltd, (2011) 13 SCC 236. Therefore, the
learned counsel submits that the notional income may be fixed at
₹10,000/- as claimed in the petition.
9.1. Going by the dictum in Ramachandrappa
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(Supra), the notional income of even a coolie in the year 2014 was
liable to be fixed at ₹9,500/- per month. Ext.A9 certificate shows
that the deceased was a commerce graduate and therefore, in these
circumstances, I find that the notional income of the deceased can
be fixed at ₹10,000/- as claimed in the petition.
10. The impugned Award is modified to the following
extent:
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
(in ₹) Tribunal(in ₹) (in ₹)
1 Loss of earning Not Nil Nil
applicable (No Modification)
2 Partial loss of - Nil Nil
earning (No Modification)
3 Transport to 3,000/- 5,000/- 5,000/-
hospital (No Modification)
4 Extra - Nil Nil
nourishment (No Modification)
5 Damage to 1,000/- 500/- 500/-
clothing and (No Modification)
articles
6 Ambulance 10,000/- Nil Nil
charges (No Modification)
Funeral 25,000/- 15,000/- 15,000/-
expenses (No Modification)
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MACA NO. 1306 OF 2020
Misc. expenses 15,000/- Nil Nil
(No Modification)
7 Compensation 30,000/- 15,000/- 15,000/-
for pain and (No Modification)
sufferings
8 Compensation Not Nil Nil
for permanent applicable (No Modification)
disability, if any
9 Compensation 12,50,000/- 8,45,052/- 13,00,000/-
for loss of [(6,500+25%) [(10,000+25%)
contribution to x2/3 x 12 x 13] x2/3 x 12 x 13]
the welfare of
the family (loss
of dependency)
10 Compensation 1,00,000/- 1,00,000/- 1,00,000/-
for loss of love (No Modification)
and affection
Consortium 1,00,000/- 40,000/- 40,000/-
(No Modification)
Estate of the 20,000/- 15,000/- 15,000/-
deceased, (No Modification)
expectation of
life and
prosperity of the
family
Total 15,54,000/- 10,35,552/- 14,90,500/-
limited to
15,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹4,54,948/- (total
compensation ₹14,90,500/- that is, ₹10,35,552/- granted by the
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Tribunal plus ₹4,54,948/- 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 688 days delay in filing the appeal) and
proportionate costs. The second respondent/insurer 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
NP
