Kerala High Court

Shemil Muhammed R.M vs Navas Shereef on 10 June, 2025

                                                 2025:KER:40665

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

             THE HONOURABLE MRS. JUSTICE C.S. SUDHA

  TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947

                      MACA NO. 624 OF 2020

        AGAINST THE AWARD DATED 07.02.2020 IN OPMV NO.623 OF

2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE

APPELLANT/PETITIONER:

           MOHAMMED NABEAL
           AGED 21 YEARS
           S/O.ABDUL KAREEM, MANNATTAYIL, KOTHAYOTH HOUSE,
           AVITHANALLUR P.O., KOZHIKODE - 673614.

           BY ADV SRI.K.P.ANIL KUMAR
RESPONDENTS/RESPONDENTS:

    1      NAVAS SHEREEF
           ELAKANDIYIL HOUSE, NARIKUNI VIA.,
           PC PALAM P.O., KOZHIKODE - 673 586.

    2      JAUSHID T.K.
           AGED 32 YEARS, S/O.KUNHIMOIDEEN KUTTY T.K.,
           THIYYAKANDIYIL HOUSE, PUNNASSERY P.O.,
           KOZHIKODE - 673 585.

    3      NATIONAL INSURANCE CO.LTD.
           REPRESENTED BY THE MANAGER/AUTHORISED SIGNATORY
           4TH FLOOR, PARCO TOWERS, P.M.TAJ ROAD, P.B.NO.207,
           KOZHIKODE - 673001.

           BY ADV SRI.ABHIJETT LESSLI


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 10.06.2025, ALONG WITH MACA.647/2020, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                 2025:KER:40665
MACA NOS.624 & 647 OF 2020

                                2




            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MRS. JUSTICE C.S. SUDHA

  TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947

                       MACA NO. 647 OF 2020

        AGAINST THE AWARD DATED 07.02.2020 IN OPMV NO.799 OF

2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE

APPELLANT/PETITIONER:

           SHEMIL MUHAMMED R.M.
           AGED 20 YEARS,
           S/O.MUHAMMED.O.P., 8/315, OTTAPPILAVIL HOUSE,
           CHELANNUR, PALATH P.O., KOZHIKODE-673 611.
           BY ADV SRI.K.P.ANIL KUMAR
RESPONDENTS/RESPONDENTS:

    1      NAVAS SHEREEF
           ELAKANDIYIL HOUSE, NARIKUNI VIA, PC PALAM P.O.,
           KOZHIKODE-673 586.
    2      JAUSHID.T.K.,
           AGED 32 YEARS
           S/O.KUNHIMOIDEEN KUTTY.T.K., THIYYAKANDIYIL HOUSE,
           PUNNASSERY P.O., KOZHIKODE-673 585.
    3      NATIONAL INSURANCE CO.LTD.,
           REPRESENTED BY THE MANAGER/AUTHORISED SIGNATORY,
           4TH FLOOR, PARCO TOWERS, P.M.RAJ ROAD, P.B.NO.207,
           KOZHIKODE-673 001.
           BY ADV SRI.ABHIJETT LESSLI
     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 10.06.2025, ALONG WITH MACA.624/2020, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                               2025:KER:40665
MACA NOS.624 & 647 OF 2020

                                       3




                               C.S.SUDHA, J.
               ---------------------------------------------------
                  M.A.C.A. Nos.624 and 647 of 2020
              ----------------------------------------------------
                 Dated this the 10th day of June, 2025

                            JUDGMENT

These appeals under Section 173 of the Motor Vehicles

Act, 1988 (the Act) have been filed by the claim petitioners in O.P.

(MV) Nos.623/2018 and 799/2018 on the file of the Motor

Accidents Claims Tribunal, Kozhikode, (the Tribunal), aggrieved

by the amount of compensation granted by Award dated

07/02/2020. The respondents herein are respondents 1 to 3

respectively in the original petitions. In these appeals, the parties

and the documents will be referred to as described in the original

petitions.

2. According to the claim petitioners, on 10/10/2017 at

about 11:30 a.m., while they were pillion riding on the motorcycle

bearing registration no.KL57J7644 along the Padanilam-Narikkuni 2025:KER:40665 MACA NOS.624 & 647 OF 2020

road and when they reached the place by name Vellarakkandi,

tipper lorry bearing registration no.KL57D793 driven by the second

respondent collided with their vehicle, as a result of which they

sustained injuries. The accident occurred due to rash and negligent

driving of the second respondent/driver. Hence, the claim petitions

claiming compensation under various heads.

3. In both the original petitions, the first respondent is the

owner; the second respondent, the driver, and the third respondent,

the insurer of the offending vehicle. The first respondent/owner and

the second respondent/driver remained ex parte in both the cases.

4. The third respondent/insurer filed written statement

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

vehicle but denying rashness and negligence on the part of the

second respondent. It was contended that the offending vehicle did

not have valid permit and fitness certificate at the time of the

incident. The age, occupation and monthly income of the claimants

were also disputed. It was also contended that the amounts claimed 2025:KER:40665 MACA NOS.624 & 647 OF 2020

were exorbitant.

5. Before the Tribunal, PW1 was examined and Exts.A1 to

A18 and Ext.C1 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 oral and

documentary evidence and after hearing both sides, found the

second respondent/driver of the offending vehicle to be negligent

and hence awarded an amount of ₹83,500/- in OP(MV)

No.623/2018 and ₹1,39,500/- in OP(MV) No.799/2018 together

with interest @ 8% per annum from the date of the petition till

realisation along with proportionate costs. Aggrieved by the amount

granted, the claim petitioners have come up in appeals seeking

enhancement of the compensation.

7. The only point that arises for consideration in these

appeals is whether there is any infirmity in the findings of the

Tribunal calling for an interference by this Court.

8. Heard both sides.

2025:KER:40665 MACA NOS.624 & 647 OF 2020

9. The award of compensation by the Tribunal under the

following heads are challenged :

Notional income

It was submitted by the learned counsel for the claim

petitioner that the latter was a student-cum-catering worker who

was earning ₹10,000/- per month. However, the Tribunal granted

an amount of ₹6,250/- per month, which is quite low and hence

requires to be enhanced.

No evidence was adduced to substantiate the argument that

the claim petitioner was a catering worker. However, going by the

dictum in Ramachandrappa v. Manager, Royal Sundaram

Alliance Insurance Company Ltd., (2011) 13 SCC 236, the

notional income of even a coolie in the year 2017 was liable to be

fixed at ₹11,000/- per month. Hence, the notional income of the

claim petitioner can be fixed at ₹11,000/-.

2025:KER:40665 MACA NOS.624 & 647 OF 2020

Pain and sufferings

It is pointed out that though an amount of ₹1,00,000/- was

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

₹10,000/- only, which again is challenged.

The materials on record show that the petitioner has sustained

multiple fractures of ribs 6 to 9. Ext.A12 shows that he has

sustained 5% permanent partial disability on account of the injuries

sustained. Therefore, I find that an amount of ₹25,000/- 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 (in ₹) Tribunal (in ₹) (in ₹)

1. Loss of future 1,00,000/- 67,500/- 1,18,800/-

earning power (75,000 x 18 x (11,000 x 12 5/100) x 18 x 5/100)

2. Medical bills 50,000/- 4,000/- 4,000/-

(No modification) 2025:KER:40665 MACA NOS.624 & 647 OF 2020

3. Pain and 1,00,000/- 10,000/- 25,000/-

sufferings

4. Transport to 5,000/- 1,000/- 1,000/-

        hospital                                           (No
                                                       modification)
  5.    Extra                5,000/-       1,000/-       1,000/-
        nourishment                                        (No
                                                       modification)
        Total           Limited to         83,500/-     1,49,800/-
                        2,00,000/-

In the result, this appeal is allowed by enhancing the

compensation by an amount of ₹66,300/- (total compensation, that

is, ₹83,500/- granted by the Tribunal plus ₹66,300/- 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 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 petitioners at the earliest in accordance with law after

making deductions, if any.

2025:KER:40665 MACA NOS.624 & 647 OF 2020

Notional income

It was submitted by the learned counsel for the claim

petitioner that the amount of ₹75,000/- per annum fixed as notional

income is on the lower side, which requires to be appropriately

enhanced.

The claim petitioner was aged 17 years and 11 months at the

time of the accident. Going by the materials on record, the Tribunal

found that he was only a student at the time of the incident. There

was also no proof regarding his income or job and hence the

notional income was taken as ₹75,000/- per annum which is equal

to ₹6,250/- per month. In the light of the dictum in

Ramachandrappa (Supra), fixing the notional income of the claim

petitioner at ₹11,000/- would be just and reasonable.

Pain and sufferings

It is pointed out that though an amount of ₹1,00,000/- was

claimed under this head, the Tribunal has granted only an amount of 2025:KER:40665 MACA NOS.624 & 647 OF 2020

₹20,000/-. Ext.A14 wound certificate reveals that the following

injuries were sustained by the claim petitioner:

"1) Fracture lamina papyracea

2) Fracture left nasal bone

3) Fracture both maxillary sinus

4) Lacerated wounds over lateral aspect of left upper eyelid and middle of left upper lid, periorbital oedema left to right bilateral maxillary and ethmoid hemosinus"

In the light of the injuries sustained which include three

fractures, an amount of ₹45,000/- 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 (in ₹) Tribunal (in ₹) (in ₹)

1. Loss of future 1,50,000/- 94,500/- 1,66,320/-

earning power (75,000 x 18 x (11,000 x 12 7/100) x 18 x 7/100) 2025:KER:40665 MACA NOS.624 & 647 OF 2020

2. Pain and 1,00,000/- 20,000/- 45,000/-

sufferings

3. Loss of 1,00,000/- 20,000/- 20,000/-

        amenities                                             (No
                                                          modification)
  4.    Transport to         5,000/-         2,000/-        2,000/-
        hospital                                              (No
                                                          modification)
  5.    Extra                5,000/-         3,000/-        3,000/-
        nourishment                                           (No
                                                          modification)
        Total           Limited to          1,39,500/-     2,36,320/-
                        4,00,000/-

In the result, this appeal is allowed by enhancing the

compensation by an amount of ₹96,820/- (total compensation, that

is, ₹1,39,500/- granted by the Tribunal plus ₹96,820/- granted in