Kerala High Court

Muhammed Basheer vs New India Assurance Co.Ltd on 16 June, 2025

                                              2025:KER:42424

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MRS. JUSTICE C.S. SUDHA

   MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947

                    MACA NO. 884 OF 2020

     AGAINST THE AWARD DATED 21.12.2019 IN OPMV NO.92 OF

2018 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE

APPELLANT/PETITIONER:

         MUHAMMED BASHEER
         AGED 63 YEARS
         S/O.AHAMMED KOYA, KALARIKKAL HOUSE, POST AREEKKAD,
         NALLALAM, KOZHIKODE DISTRICT PIN-673 027.

         BY ADV SRI.AVM.SALAHUDIN
RESPONDENT/2ND RESPONDENT:

         NEW INDIA ASSURANCE CO.LTD
         SILVER PLAZA BUILDING, MAVOOR ROAD JUNCTION
         KOZHIKODE DISTRICT MAIN (PO), PIN- 673 001,
         REP BY BRANCH MANAGER.

         BY ADV SRI.N.S.NAJEEB


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 16.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                                2025:KER:42424
MACA NO. 884 OF 2020

                                        2




                               C.S.SUDHA, J.
               ----------------------------------------------------
                         M.A.C.A. No.884 of 2020
               ----------------------------------------------------
                  Dated this the 16th 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.92/2018 on the file of the Motor Accidents Claims Tribunal,

Kozhikode, (the Tribunal), aggrieved by the amount of

compensation granted by Award dated 21/12/2019. 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 27/10/2017 at

about 06:30 p.m., while he was crossing the road at the place by

name Pudukkad junction, motorcycle bearing registration

no.KL45G2045 ridden by the first respondent in a rash and 2025:KER:42424 MACA NO. 884 OF 2020

negligent manner knocked him down, as a result of which he

sustained grievous injuries. A sum of ₹10,00,000/- was claimed as

compensation under various heads.

3. The first respondent/owner-cum-rider remained ex parte.

4. The second respondent/insurer filed written statement

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

vehicle. It was contended that the incident occurred due to the

negligence of the claim petitioner. The age, occupation, income

and injuries sustained by 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

A12 were marked on the side of the claim petitioner. No evidence

was adduced by the second respondent/insurer.

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/owner-cum-rider of

the offending vehicle resulting in the incident and hence awarded 2025:KER:42424 MACA NO. 884 OF 2020

an amount of ₹5,11,500/- 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

It is submitted by the learned counsel for the claim petitioner

that the latter, a coolie aged 61 years, was earning ₹20,000/- per

month. However, the Tribunal, fixed the notional income at

₹10,000/-, which, even going by the dictum in Ramachandrappa

v. Manager, Royal Sundaram Alliance Insurance Co. Ltd,

(2011) 13 SCC 236, is low and hence requires to be enhanced.

2025:KER:42424 MACA NO. 884 OF 2020

In the light of the dictum in Ramachandrappa (Supra), I find

that an amount of ₹11,000/- can be fixed as the notional income of

the claim petitioner.

Loss of earnings

Ext.A2 wound certificate shows that the claim petitioner had

sustained open communicated fracture both bones left leg and

abrasions over right cheek, upper lip, left elbow and knee and also

dental injury. The materials on record reveal that he had undergone

one surgery and was hospitalized for a period of 20 days. Therefore,

in all probability, he might have been unable to work for a period of

6 months. Therefore, he can be granted compensation towards loss

of earnings for a period of 6 months which is ₹66,000/- (11,000 x 6

months).

Pain and sufferings

It is submitted that though an amount of ₹50,000/- was

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

₹25,000/-only , which is on the lower side.

2025:KER:42424 MACA NO. 884 OF 2020

Taking into account the injuries sustained and the period of

hospitalization undergone by the claim petitioner, I find that an

amount of ₹50,000/- under this head would be just and reasonable.

Loss of amenities and enjoyment in life

It is pointed out that though an amount of ₹50,000/- was

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

₹40,000/-, which is also stated to be on the lower side.

In the light of the injuries sustained by the claim petitioner

and the medical interventions he had to undergo, I find that an

amount of ₹50,000/- 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 2,50,000/- 1,68,000/- 1,84,800/-

earning power (10,000 x 12 x 7 (11,000 x 12 x x 20/100) 7 x 20/100)

2. Medical bills 1,00,000/- 2,03,500/- 2,03,500/-

(No Modification) 2025:KER:42424 MACA NO. 884 OF 2020

3. Bystander's 25,000/- 14,000/- 14,000/-

       expenses                                                       (No
                                                                   Modification)
 4.    Loss of               1,20,000/-            40,000/-           66,000/-
       earnings                                  (10,000 x 4)       (11,000 x 6)
 5.    Pain and               50,000/-             25,000/-          50,000/-
       sufferings
 6.    Loss of                50,000/-             40,000/-          50,000/-
       amenities and
       enjoyment in
       life
 7.    Transport to           10,000/-             15,000/-         15,000/-
       hospital                                                       (No
                                                                   Modification)
 8.    Damage to               2,000/-             1,000/-          1,000/-
       clothings                                                      (No
                                                                   Modification)
 9.    Extra                  10,000/-             5,000/-          5,000/-
       nourishment                                                    (No
                                                                   Modification)
      Total                  Limited to           5,11,500/-        5,89,300/-
                             10,00,000/-

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹77,800/- (total

compensation ₹5,89,300/- that is, ₹5,11,500/ granted by the

Tribunal + ₹77,800/- granted in appeal) with interest at the rate of

8% per annum from the date of petition till date of realization and 2025:KER:42424 MACA NO. 884 OF 2020

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.

Interlocutory applications, if any pending, shall stand closed.