Kerala High Court
Saraswathy vs K.Marakkar on 17 June, 2025
M.A.C.A.No.919 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947
MACA NO. 919 OF 2020
AGAINST THE AWARD DATED 27.09.2019 IN OPMV NO.1604 OF
2008 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
THRISSUR.
APPELLANT/PETITIONER:
SARASWATHY,
AGED 68 YEARS,
TAILOR, W/O.KESAVAN, RESIDING AT THENIKKARA HOUSE,
KODUMUNDA P.O., PALAKKAD DISTRICT, PIN - 679 303.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
RESPONDENTS/RESPONDENTS:
1 K.MARAKKAR,
S/O.MOOSAKUTTY HAJI, RESIDING AT THACHERI HOUSE,
PANNIPARA P.O.,EDAVANNA, MALAPPURAM DISTRICT,
PIN - 676 541.
2 P.SATHAR @ KUNJALI,
S/O.ABDURAHIMAN, RESIDING AT POLLIKUNNATHU NIROPPIL
HOUSE, PANNIKODU P.O., KOZHIKODE, PIN - 673 602.
3 THE ORIENTAL INSURANCE COMPANY LIMITED,
JASEELA COMPLEX, BYPASS JUNCTION, NILAMBUR ROAD,
MANJERI- 676 121,
REPRESENTED BY ITS BRANCH MANAGER.
M.A.C.A.No.919 of 2020
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BY ADVS.
DR.ELIZABETH VARKEY
SRI.JITHIN SAJI ISAAC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 17.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.919 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.919 of 2020
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Dated this the 17th 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.1604/2008 on the file of the Motor Accidents Claims Tribunal,
Thrissur, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 27/09/2019. 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 12/02/2008 at
02:45 p.m., while he was travelling in bus bearing registration
No.KL-10-AB-2709 through Kunnamkulam-Kuttippuram public
road and when he reached the place by name Parempadam, due to
the rash and negligent driving of the second respondent, the bus
driver, the vehicle collided with a road roller bearing registration
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No.KL-17-D-3228 as a result of which he sustained grievous
injuries. An amount of ₹3,00,000/- 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, income, injuries and
hospitalization 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 A13 were marked on the side of the claim
petitioner. No documentary evidence was adduced by the 3 rd
respondent.
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 offending vehicle resulting in
the incident and hence awarded an amount of ₹1,51,100/- together
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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 heads are challenged by the claim petitioner -
Notional income
The notional income of the claim petitioner, a 56 year old
lady has been fixed by the Tribunal at ₹3,000/-. It is submitted by
the learned counsel for the claim petitioner that in the light of the
dictum in Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Co. Ltd., (2011) 13 SCC 236, the income fixed
is quite low and hence it may be appropriately enhanced.
Per contra, it is submitted by the learned counsel for the
third respondent/insurer that what has been claimed by the claim
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petitioner has been granted and therefore, it does not require any
further enhancement.
There is no evidence to show that the claim petitioner is a
tailor. Going by the dictum in Ramachandrappa (Supra), the
notional income of even a coolie is liable to be fixed at 6,500/-. That
being the position, I find that the notional income of the claim
petitioner can be fixed at ₹6,500/- per month.
The Tribunal has taken the multiplier as '8'. Both sides
submit that the correct multiplier to be applied is '9' and hence the
award shall stand corrected to the said extent also.
Loss of amenities and enjoyment of life
The materials on record show that the claim petitioner
sustained the following injuries:
"fracture lower end of radius, fracture PI ring finger right
hand, cohip lash injury cervical spine, rotator cuff injury left
shoulder, loss of four teeth, lacerated wound left side over
forehead, eye brow, upper lip and elbow of 2x5x5cm."
Therefore, I find that an amount of ₹30,000/- claimed would be just
and reasonable.
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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 ₹36,000/- ₹30,000/- ₹65,000/-
(₹6,500/-x10
months)
2 Medical ₹40,000/- ₹26,375/- ₹26,375/-
expenses (No
modification)
3 Bystander -- ₹1,800/- ₹1,800/-
expenses (No
modification)
4 Transportation ₹6,000/- ₹3,000/- ₹3,000/-
expenses (No
modification)
5 Extra ₹6,000/- ₹3,000/- ₹3,000/-
nourishment (No
modification)
6 Damage to ₹1,000/- ₹1,000/- ₹1,000/-
clothing etc. (No
modification)
7 Pain and ₹40,000/- ₹35,000/- ₹35,000/-
suffering (No
modification)
8 Compensation ₹1,00,000/- ₹25,920/- ₹63,180/-
for continuing (₹6,500/-
or permanent x9x12x9/100)
disability
9 Compensation ₹25,000/- -- --
for the loss of (No
earning power modification)
10 Loss of ₹30,000/- ₹25,000/- ₹30,000/-
amenities and
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enjoyment of
life
11 Loss of ₹10,000/- -- --
expectation of (No
life modification)
12 Personal ₹5,000/- -- --
assistance (No
modification)
13 Future ₹10,000/- -- --
treatment (No
modification)
14 Partial loss of ₹18,000/- -- --
earning (No
modification)
15 Compensation ₹10,000/- -- --
for disfiguration (No
modification)
Total ₹3,37,000/- ₹1,51,095/- ₹2,28,355/-
Limited to Rounded off to
₹3,00,000/- ₹1,51,100/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹77,255/- (total compensation
₹2,28,355/-, that is, ₹1,51,100/- granted by the Tribunal + ₹77,255/-
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
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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.
Interlocutory applications, if any pending, shall stand
closed.
SD/-
C.S. SUDHA
JUDGE
ak
