Kerala High Court
Radhakrishnan vs Kunhammed on 13 June, 2025
M.A.C.A.No.859 of 2020
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2025:KER:42638
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
MACA NO. 859 OF 2020
AGAINST THE AWARD DATED 06.03.2020 IN OPMV NO.425 OF
2018 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA.
APPELLANT/PETITIONER:
RADHAKRISHNAN,
AGED 50 YEARS,
S/O.LATE NARAYANAN NAIR, PADINHARE PUTHIYEDATH
HOUSE, KAYANNA BAZAAR.P.O., KOYILANDY, KOZHIKODE
DISTRICT-673525.
BY ADV SHRI.ANIL KUMAR K.P.
RESPONDENTS/RESPONDENTS:
1 KUNHAMMED,
S/O.POCKER, KIZHAKEPARAMBIL HOUSE, KAYANNA BAZAR,
PERAMBRA, KOZHIKODE DISTRICT-673525.
2 SHIBU.C.K.,
S/O.RAGHAVAN, AGED 42 YEARS, CHAVITAN KULANGARA
HOUSE, KAYANNA BAZAR, PERAMBRA,
KOZHIKODE DISTRICT-673525.
3 NEW INDIA ASSURANCE CO.LTD.,
REPRESENTED BY THE MANAGER/AUTHORISED SIGNATORY,
SILVER PLAZA BUILDING, INDIRA GANDHI ROAD,
KOZHIKODE DISTRICT-673004.
BY ADV SRI.K.C.SANTHOSHKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 13.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.859 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.859 of 2020
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Dated this the 13th day of June 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act,
1988 (the Act) has been filed by the claim petitioner in O.P.(MV)
No.425/2018 on the file of the Motor Accidents Claims Tribunal,
Vatakara, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 06/03/2020. The respondents herein are
the respondents in the original 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 04/11/2017
at about 08:00 a.m. at Kayannabazar, the 2 nd respondent driver of
auto rickshaw bearing registration No.KL-56-D-6536 in a rash and
negligent manner reversed the vehicle knocking him down as a
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result of which he sustained grievous injuries. A sum of
₹4,00,000/- was claimed as compensation under various heads.
3. The first respondent/owner and the second
respondent/driver remained ex parte.
4. The third respondent/insurer filed written
statement admitting the policy, but denying negligence on the part
of the second respondent/driver. The age, occupation and income
were disputed. It was also contended that the amount claimed was
excessive.
5. Before the Tribunal, no oral evidence was
adduced by either side. Exts.A1 to A8 series were marked on the
side of the claim petitioner. Ext.C1 is the certificate of permanent
disability. 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
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offending vehicle resulting in the incident and hence awarded an
amount of ₹2,76,900/- 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 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 head is challenged by the claim petitioner -
Notional income
It is submitted by the learned counsel for the claim
petitioner that the latter, a coolie aged 48 years was earning
₹24,000/- per month. However, the Tribunal granted only an
amount of ₹10,250/- which needs to be appropriately enhanced.
In the light of the dictum in Ramachandrappa v.
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Manager, Royal Sundaram Alliance Insurance Co. Ltd., (2011)
13 SCC 236, the notional income of the claim petitioner can be
fixed at ₹11,000/-.
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 earning ₹1,50,000/- ₹61,500/- ₹66,000/-
from 4-11-2017 (₹10,250/-x (₹11,000/-x
to 4-2-2018 6 months) 6 months)
2 Transport to ₹20,000/- ₹6,000/- ₹6,000/-
hospital (No
modification)
3 Extra ₹20,000/- ₹14,400/- ₹14,400/-
nourishment & (No
bystander's modification)
expenses
4 Medical ₹50,000/- ₹1,943/- ₹1,943/-
expenses (No
modification)
5 Damage to ₹2,000/- ₹1,100/- ₹1,100/-
clothing and (No
articles modification)
6 Pain and ₹50,000/- ₹50,000/- ₹50,000/-
suffering (No
modification)
7 Loss of ₹2,00,000/- ₹30,000/- ₹30,000/-
amenities and (No
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enjoyment of modification)
life
8 Future ₹50,000/- Nil Nil
treatment (No
modification)
9 Permanent ₹1,00,000/- ₹1,11,930/- ₹1,20,120/-
disability
(₹11,000/-
x7/100x13x12)
10 Compensation ₹1,00,000/- Nil Nil
for shortening (No
expectation of modification)
life
Total ₹7,42,000/- ₹2,76,873/- ₹2,89,563/-
Limited to Rounded to
₹4,00,000/- 2,76,900/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹12,663/- (total
compensation ₹2,89,563/-, that is, ₹2,76,900/- granted by the
Tribunal + ₹12,663/- granted in appeal) with interest at the rate of
8% per annum from the date of petition till the 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
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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.
Interlocutory applications, if any pending, shall stand
closed.
Sd/-
C.S. SUDHA
JUDGE
ak
