Kerala High Court
Sathyadas vs The New India Assurance Company Ltd on 10 June, 2025
M.A.C.A. No. 589 of 2020
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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. 589 OF 2020
AGAINST THE AWARD DATED 15.03.2019 IN OP(MV) NO.414 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM
APPELLANTS/PETITIONERS:
1 SATHYADAS
AGED 56 YEARS
S/O.SREEDHARAN, TC 8/766(2), THIRUVONAM, T.V.NAGAR,
NEAR VILLAGE OFFICE, THIRUMALA P.O.,
THIRUVANANTHAPURAM - 695006.
2 SASILEKHA B.S.
AGED 48 YEARS
W/O.SATHYADAS, TC 8/766(2), THIRUVONAM, T.V.NAGAR,
NEAR VILLAGE OFFICE, THIRUMALA P.O.,
THIRUVANANTHAPURAM - 695 006.
3 SHINTON S.S.
AGED 26 YEARS
S/O.SATHYADAS, TC 8/766(2), THIRUVONAM, T.V.NAGAR,
NEAR VILLAGE OFFICE, THIRUMALA P.O.,
THIRUVANANTHAPURAM -695 006.
BY ADVS. SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENT/3RD RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LTD.
REPRESENTED BY THE DIVISIONAL MANAGER, MOTOR THIRD
PARTY CLAIMS HUB, PANAMUKHAM BUILDING, GOVERNMENT
PRESS ROAD, THIRUVANANTHAPURAM - 695 001.
BY ADV SHRI.SEBASTIAN VARGHESE(K/141/2000)
M.A.C.A. No. 589 of 2020
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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN COME UP
FOR FINAL HEARING ON 10.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A. No. 589 of 2020
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C.S.SUDHA, J.
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M.A.C.A. No. 589 of 2020
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Dated this the 10th day of June, 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act,
1988 (the Act) has been filed by the claim petitioners in O.P.(MV)
No.414/2015 on the file of the Motor Accidents Claims Tribunal,
Thiruvananthapuram (the Tribunal), aggrieved by the amount of
compensation granted by Award dated 15/03/2019. The sole
respondent herein is the third respondent 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 father, mother and
brother of the deceased. According to the claim petitioners, on
14/12/2014 at about 08:40 p.m., the deceased was travelling as
pillion rider in motorcycle bearing registration no. KL-21/C-702,
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from Poojappura to Thirumala. When reached the place near
Vijayamohini Spinning Mills, Thirumala, car bearing registration
No.KL-17/G-1232 driven by the second respondent, rashly and
negligently knocked him down causing grievous injuries to which he
succumbed.
3. The first respondent/owner and the second
respondent/driver remained ex parte.
4. The third respondent/insurer filed written statement
admitting the existence of a valid policy in respect of the offending
vehicle, but contended that the amount claimed was exorbitant.
5. Before the Tribunal, no oral evidence was adduced
by either side. Exts.A1 to A24 were marked on the side of the claim
petitioners. No documentary evidence was adduced by the
respondents.
6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part of
the second respondent/driver of the car resulting in the incident and
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hence awarded an amount of ₹12,06,750/- together with interest @
8% per annum from the date of the petition till the date of realisation
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 head is challenged by the claim petitioners -
Notional income
It is submitted by the learned counsel for the claim
petitioners that the deceased, a teacher, was earning an amount of
₹8,000/- per month. However, the Tribunal fixed the notional income
at ₹7,000/- which going by the dictum in Ramachandrappa v.
Manager, Royal Sundaram Alliance Co. Ltd, (2011) 13 SCC 236
is quite low and therefore the same needs to be enhanced.
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In the light of the dictum in Ramachandrappa (Supra) the
notional income of the deceased is fixed as ₹9,500/- per month.
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 Transport to ₹10,000/- ₹3,000/- ₹3,000/-
hospital (No modification)
2 Damages to ₹10,000/- ₹1,000/- ₹1,000/-
clothing and (No modification)
other personal
articles
3 Medicine- ₹1,00,000/- ₹34,350/- ₹34,350/-
Cum- (No modification)
Treatment
4 Funeral ₹50,000/- ₹15,000/- ₹15,000/-
Expenses (No modification)
5 Compensation ₹3,00,000/- Nil Nil
for pain and (No modification)
sufferings
6 Compensation ₹12,00,000/- ₹10,58,400/- ₹14,36,400/-
for the loss of
dependency (₹9500/-+ 40%
-1/2) x12x18
7 Compensation ₹6,00,000/- ₹95,000/- ₹95,000/-
for mental (No modification)
shock,
shortened
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expectations in
life, loss of
estate,
consortium,
love and
affection etc.
Total ₹22,70,000/- ₹12,06,750/- ₹15,84,750/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹3,78,000/- (total compensation
₹15,84,750/-, that is, ₹12,06,750/- granted by the Tribunal +
₹3,78,000/- 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 114 days delay in filing the appeal) and proportionate costs.
The third respondent/insurance company 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 petitioner at the earliest in accordance with
law after making deductions, if any.
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Interlocutory applications, if any pending, shall stand
closed.
Sd/-
C.S. SUDHA
JUDGE
ak
