Kerala High Court
Baiju vs Shaji on 9 June, 2025
M.A.C.A.No.377 of 2020
1
2025:KER:40321
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
MACA NO. 377 OF 2020
AGAINST THE AWARD DATED 03.01.2020 IN OPMV NO.1420 OF
2016 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL,
IRINJALAKUDA.
APPELLANT/PETITIONER:
BAIJU,
AGED 34 YEARS,
S/O.NARAYANAN,
MURINGATHARA HOUSE,
EDAVANAKKAD DESOM, P.O.
ERNAKULAM DIST.,
PIN - 682 502.
BY ADVS.
SMT.JEENA JOSEPH
SRI.G.DAMODARA PANICKER
RESPONDENTS/RESPONDENTS:
1 SHAJI,
S/O.VELAYUDHAN,
VATTEKKATTU HOUSE,
P.O.BLANGAD, CHAVAKKAD,
TRICHUR DIST. - 680 506.
2 RELIANCE GENERAL INSURANCE CO.LTD.,
GLOBAL PLAZA, POOTHOLE P.O.,
TRICHUR DIST. - 680 004
REP. BY ITS MANAGER.
M.A.C.A.No.377 of 2020
2
2025:KER:40321
BY ADVS.
SMT.LATHA SUSAN CHERIAN
SRI.GEORGE A.CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 09.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.377 of 2020
3
2025:KER:40321
C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A.No.377 of 2020
----------------------------------------------------
Dated this the 9th 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.1420/2016 on the file of the Motor Accidents
Claims Tribunal, Irinjalakkuda (the Tribunal), aggrieved by the
amount of compensation granted by Award dated 03/01/2020.
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. According to the claim petitioner, on
04/07/2016 at about 09:00 a.m. he was riding motorcycle bearing
registration no.KL-42-J-146 and when he reached at CI Office
signal Junction, Kodungallur, car bearing registration no.KL-46-
2025:KER:40321
G-6635 driven by the first respondent in a rash and negligent
manner knocked him down thereby causing grievous injuries.
3. The first respondent driver-cum owner remained
ex parte.
4. The second respondent/insurer filed written
statement admitting the issuance of a valid policy. The
negligence of the first respondent was denied. The amount of
compensation claimed under various heads was contended to be
excessive.
5. Before the Tribunal, the claim petitioner was
examined as PW.1 and Exts.A1 to A15 and Ext.X1 and X2 were
marked on the side of the claim petitioner. No oral or
documentary evidence was adduced by the respondents.
6. The Tribunal on consideration of the oral and
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
2025:KER:40321
amount of ₹8,21,700/- together with interest @ 8% 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
The learned counsel for the claim petitioner submits that
the latter, a mason was earning an amount of ₹15,000/- per
month, when the accident occurred on 04/07/2016. However, the
Tribunal fixed the notional income at ₹8,000/-, which is on the
lower side and hence the same needs to be enhanced. My
attention is also drawn to the dictum in Ramachandrappa v.
2025:KER:40321
Manager, Royal Sundaram Alliance Insurance Co. Ltd,
(2011) 13 SCC 236 where the notional income of a coolie is
liable to be fixed as ₹10,500/-.
In the light of the aforesaid dictum, the notional income
of the claim petitioner is fixed at ₹10,500/-.
Loss of earnings
It is submitted that in the light of the injuries sustained, a
period of six months ought to have been taken for assessing loss
of earning. However, the Tribunal has taken loss of earnings for a
period of three months only, which is also stated to be on the
lower side.
As per Ext.A2 wound certificate and Ext.A7 discharge
summary, following are the injuries sustained -
• Grade IIIB open comminuted fracture of distal tibia and
fibula left side.
• He was initially treated with external fixator.
• Later ORIF left tibia done with 14 holes LCP.
• SSG was done over left leg.
Now on Examination
• Thick scar over left leg.
• Movements of left ankle dorsiflexion reduced by 120 .
2025:KER:40321
• Tenderness over fracture site.
Ext.A7 Discharge Summary:
Left leg:
• Wound of size 6 x 3 cm over the medial aspect of ackle
with active bleedings.
• wound of size 3 x 2 cm over the anterior aspect of distal
rd
1/3 leg.
• Tenderness present.
• Deformity present.
• ROM - painfully restricted.
• Dorsalis pedis pulse palpable"
In the light of the injuries sustained, the claim petitioner a mason,
in all probability must have been unable to work for a period of
six months. Therefore, towards loss of earnings he is entitled to-
₹10,500/- x 6 months = ₹63,000/-
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 ₹1,80,000/- ₹32,000/- ₹63,000/-
earnings (10,500/- x 6 )
2. Transportation ₹20,000/- ₹3,000/- ₹3,000/-
expenses (No modification)
2025:KER:40321
3. Extra ₹50,000/- ₹2,000/- ₹2,000/-
nourishment (No modification)
4. Damage to ₹5,000/- ₹2,000/- ₹2,000/-
clothing (No modification)
5. Bystander's ₹50,000/- ₹11,100/- ₹11,100/-
expenses (No modification)
6. Medical ₹5,00,000/- ₹4,55,755/- ₹4,55,755/-
expenses (No modification)
7. Pain and ₹1,00,000/- ₹80,000/- ₹80,000/-
suffering (No modification)
8. Permanent ₹3,00,000/- ₹1,95,840/- ₹2,57,040/-
disability (10,500/- x 12x
17 x 12% )
9. Loss of ₹1,00,000/- Nil Nil
earning power (No modification)
10. Loss of ₹1,00,000/- ₹40,000/- ₹40,000/-
amenities. (No modification)
Total ₹14,05,000/- ₹8,21,695/- ₹9,13,895/-
(limited to Rounded off to
₹8,00,000/-) ₹8,21,700/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹92,195/- (total
compensation ₹9,13,895/- that is,₹8,21,700/- granted by the
Tribunal + ₹92,195/- granted in appeal) with interest at the rate of
8% per annum from the date of petition till date of realization and
proportionate costs. The second respondent/insurance company is
2025:KER:40321
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.
Interlocutory applications, if any pending, shall stand
closed.
Sd/-
C.S.SUDHA
JUDGE
Jms
