Kerala High Court

Anitha vs New India Assurance Company Ltd on 4 June, 2025

                                               2025:KER:39117

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MRS. JUSTICE C.S. SUDHA

  WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947

                    MACA NO. 443 OF 2020

     AGAINST THE AWARD DATED 03.01.2019 IN OPMV NO.406 OF

2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR

APPELLANT/PETITIONER:

         ANITHA
         AGED 39 YEARS
         W/O BIJU, ALAKADA HOUSE, KAITHARAM KARA,
         KOTTUVALLY VILLAGE.

         BY ADVS.
         SHRI.A.N.SANTHOSH
         SRI.K.SHAJU VARGHESE
         SHRI.RIBIN BENNY


RESPONDENT/2ND RESPONDENT:

         NEW INDIA ASSURANCE COMPANY LTD..
         KANDAMKULATHY TOWERS, OPP COLLEGE GROUND,
         M.G ROAD, ERNAKULAM-682 011,
         REPRESENTED BY ITS BRANCH MANAGER.

         BY ADV SRI.RENIL ANTO KANDAMKULATHY


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 04.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                               2025:KER:39117
MACA NO. 443 OF 2020

                                       2




                              C.S.SUDHA, J.
              ----------------------------------------------------
                        M.A.C.A. No.443 of 2020
              ----------------------------------------------------
                  Dated this the 4th day of June 2025

                              JUDGMENT

This appeal has been filed under Section 173 of the Motor

Vehicles Act, 1988 (the Act) by the claim petitioner in O.P.(MV)

No.406/2017 on the file of the Motor Accidents Claims Tribunal,

North Paravur, (the Tribunal), aggrieved by the amount of

compensation granted by Award dated 03/01/2019. The sole

respondent herein is the second respondent/insurer 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 03/08/2017

at about 12:30 p.m., while she was riding scooter bearing

registration no.KL42M9986 through the Kottuvally-Cheriyappilly

road and when she reached the place of occurrence, tempo trax 2025:KER:39117 MACA NO. 443 OF 2020

bearing registration no.KL7AK1434 driven by the first respondent

in a rash and negligent manner knocked her down as a result of

which she sustained grievous injuries. The incident occurred due to

the rash and negligent driving of the first respondent/driver. A sum

of ₹10,00,000/- was claimed as compensation under various heads.

3. The first respondent/driver remained ex parte.

4. The second respondent/insurer filed written

statement admitting the existence of a valid policy in respect of the

offending vehicle, but denied negligence on the part of the first

respondent/driver. The age, occupation and income etc. of the claim

petitioner were disputed. It was also contended that the

compensation claimed was quite excessive.

5. Before the Tribunal, PW1 was examined and

Exts.A1 to A10 series were marked on the side of the claim

petitioner. No documentary evidence was produced by the second

respondent/insurer.

6. The Tribunal on consideration of the oral and 2025:KER:39117 MACA NO. 443 OF 2020

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

₹5,52,100/- together with interest @ 9% per annum from the date

of the petition till 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 are challenged by the claim petitioner -

Notional income

It is submitted by the learned counsel for the claim

petitioner that when the incident occurred on 03/08/2017, the claim

petitioner, a 38 year old lady, was working as a teacher as well as a 2025:KER:39117 MACA NO. 443 OF 2020

beautician. An amount of ₹20,000/- was claimed as monthly

income. However, the Tribunal fixed an amount of ₹10,000/- only

which is quite low. It is also pointed out that going by the dictum in

Ramachandrappa v. Manager, Royal Sundaram Allian. Co.

Ltd, (2011) 13 SCC 236, the notional income of even a coolie in

the year 2017 was liable to be fixed at ₹11,000/-. That being the

position, the notional income needs to be appropriately enhanced. It

is submitted by the learned counsel for the second

respondent/insurer that in the absence of any evidence, the amount

fixed by the Tribunal is reasonable and that it does not call for any

enhancement.

In the petition, it was alleged that the claim petitioner is a

teacher as well as a beautician. No documentary evidence was

produced to substantiate the same. However, the claim petitioner

offered herself as a witness and was examined as PW1. In her

testimony before the Tribunal, she deposed that at the time of the

incident, she was a teacher at the Polytechnic College, 2025:KER:39117 MACA NO. 443 OF 2020

Kalamassery, and that she was also working as a beautician.

Though she claims to have been a teacher in the aforesaid college,

no documentary evidence was adduced to substantiate the same.

However, her testimony before the Tribunal that she was a teacher

as well as a beautician is not seen challenged, disputed or

discredited. That being the position and taking into account the

dictum in Ramachandrappa (Supra), I find that an amount of

₹15,000/- can be fixed as the notional income of the claim

petitioner.

Loss of earnings

It is pointed out that though an amount of ₹1,20,000/- was

claimed under this head, the Tribunal has granted an amount of

₹30,000/- only, which also requires to be reasonably raised. It is

submitted by the learned counsel for the claim petitioner that the

Tribunal has taken a period of 3 months only for the purpose of

computing loss of earnings. PW1 when examined testified that she

was completely bedridden for a period of about 6 months. This 2025:KER:39117 MACA NO. 443 OF 2020

aspect of her testimony is also not seen challenged, discredited or

disproved. That being the position, I find that she is entitled to

compensation towards loss of earnings for a period of 6 months

which is ₹90,000/- (15,000 x 6).

Pain and suffering

It is pointed out that though an amount of ₹3,00,000/- was

claimed under this head, the Tribunal has granted an amount of

₹90,000/- which, according to the learned counsel for the claim

petitioner, is too low in the light of the injuries sustained and the

medical interventions to which she was subjected to.

Exts.A4 and A5 discharge summaries and Ext.A6

disability certificate reveal that the petitioner sustained type 6

schatzker proximal tibia fracture in the right knee. The records also

show that she sustained three fractures and that she had to undergo

three surgeries. The permanent disability has been assessed to be

17%. In the light of this evidence, I find that an amount of

₹1,25,000/- under this head would be just and reasonable.

2025:KER:39117 MACA NO. 443 OF 2020

Loss of amenities

It is further pointed out that though an amount of

₹3,00,000/- was claimed under this head, the Tribunal has only

granted an amount of ₹51,000/- which is on the lower side.

PW1 in her testimony refers in detail to the loss of

amenities and the difficulties she has to face due to the injuries

sustained. This testimony of PW1 is also not seen disputed or

discredited. That being the position, I find that an amount of

₹60,000/- under this head would be just and reasonable.

10. The impugned Award is modified to the following

extent:

Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal Tribunal

1. Loss of ₹1,20,000/- ₹30,000/- ₹90,000/-

          earnings                          (10,000 x 3)     (15,000 x 6)
 2.   Transportation       ₹15,000/-         ₹4,000/-        ₹4,000/-
        expenses                                               (No
                                                            Modification)
 3.       Bystander        ₹60,000/-         ₹4,000/-        ₹4,000/-
          expenses                                             (No
                                                            Modification)
                                                             2025:KER:39117
MACA NO. 443 OF 2020





 4.     Damage to         ₹5,000/-           ₹2,000/-         ₹2,000/-
       clothing and                                             (No
          articles                                           Modification)
 5.      Medical         ₹2,00,000/-         ₹49,100/-        ₹49,100/-
         expenses                                               (No
                                                             Modification)
 6.       Extra           ₹25,000/-          ₹6,000/-         ₹6,000/-
       nourishment                                              (No
                                                             Modification)
 7.       Pain and       ₹3,00,000/-        ₹90,000/-         ₹1,25,000/-
         sufferings
 8.       Loss of       ₹3,00,000/-          ₹51,000/-        ₹60,000/-
         amenities
 9.    Compensation     ₹6,00,000/-         ₹3,06,000/-       ₹4,59,000/-
       for disability                      (10,000 x 12 x    (15,000 x 12 x
                                            15 x 17/100)      15 x 17/100)
 10.       Future       ₹1,00,000/-             Nil             Nil
         treatment                                              (No
         expenses                                            Modification)
 11.   Compensation     ₹1,00,000/-         ₹10,000/-         ₹10,000/-
             for                                                 (No
        disfiguration                                        Modification)
 12.     Loss of        ₹6,00,000/-             Nil             Nil
         earning                                                (No
         capacity                                            Modification)
          Total         ₹24,25,000/-         ₹5,52,100/-      ₹8,09,100/-
                         limited to
                        ₹10,00,000/-

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹2,57,000/- (total 2025:KER:39117 MACA NO. 443 OF 2020

compensation ₹8,09,100/- that is, ₹5,52,100/- granted by the

Tribunal + ₹2,57,000/- 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 242 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 petitioner at the earliest in accordance with law after making

deductions, if any.