Kerala High Court
A.K.Muhammed Kabir vs Ponnusamy on 17 June, 2025
2025:KER:42865
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. 846 OF 2020
AGAINST THE AWARD DATED 30.09.2019 IN OPMV NO.674 OF
2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
APPELLANTS/APPELLANTS:
1 A.K.MUHAMMED KABIR
AGED 61 YEARS,
S/O.A.B.KADHAR, ATTUPARAMBATH HOUSE, MUTTITHADI
P.O., ALAGAPPANAGAR VIA, THRISSUR DT.
2 SHAJITHA,
AGED 53 YEARS
W/O.MUHAMMED KABEER, ATTUPARAMBATH HOUSE,
MUTTITHADI P.O., ALAGAPPANAGAR VIA, THRISSUR DT.
3 NIHAL,
AGED 29 YEARS
S/O.MUHAMMED KABEER, ATTUPARAMBATH HOUSE,
MUTTITHADI P.O., ALAGAPPANAGAR VIA, THRISSUR DT.
BY ADV SRI.SHEJI P.ABRAHAM
RESPONDENTS/RESPONDENTS:
1 PONNUSAMY
S/O.MAHALIAPPA GOUNDAR, 119,
KOVAIL ROAD, ANNUR, AVANASHI-641 654.
2 NATIONAL INSURANCE COMPANY LTD
23, KALLIKUIT STREET-5, SATRY,
ERODU, TAMIL NADU-638 401
REPRESENTED BY ITS BRANCH MANAGER.
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MACA NO. 846 OF 2020
2
3 SINI
W/O.P.T.BINOY, PADAVEETTAL HOUSE, SHORNUR
OTTAPALAM-679 101.
BY ADV SRI.SEBASTIAN VARGHESE(K/141/2000)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 17.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 846 OF 2020
3
C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A. No.846 of 2020
----------------------------------------------------
Dated this the 17th day of June 2025
JUDGMENT
This appeal has been filed under Section 173 of the Motor
Vehicles Act, 1988 (the Act) by the claim petitioners in O.P.(MV)
No.674/2011 on the file of the Motor Accidents Claims Tribunal,
Thrissur, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 30/09/2019. The respondents herein are
respondents 2 to 4 respectively 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 petitioners, on 25/02/2010
at 01:40 p.m. while the deceased was pillion riding on motorcycle
bearing registration no.KL11V4361 and when he reached near
Narayana Polytechnic Madukkara, lorry bearing registration
no.TN37Z1029 driven by the first respondent in a rash and
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negligent manner knocked him down as a result of which he
sustained grievous injuries to which he succumbed. A sum of
₹25,00,000/- was claimed as compensation under various heads.
3. The first respondent/driver died during the
pendency of the petition. The second respondent/owner and the
fourth respondent, the legal heir of the first 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 denied negligence on the part of the first
respondent/driver. The age, injuries sustained, hospitalization and
income of the deceased were disputed. It was also contended that
the compensation claimed was quite excessive.
5. Before the Tribunal, no oral evidence was
adduced by either side. Exts.A1 to A30 were marked on the side of
the claim petitioners and Ext.B1 was marked on the side of the third
respondent/insurer.
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6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part
of the first respondent/driver of the offending vehicle resulting in
the incident and hence awarded an amount of ₹12,52,400/- together
with interest @ 8% per annum from the date of the petition till
realisation along 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 heads are challenged by the claim petitioners -
Notional income
It is submitted by the learned counsel for the claim
petitioners that the deceased was a 24 year old man who had
completed diploma in mechanical engineering and was earning an
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amount of ₹10,000/- per month. However, the Tribunal fixed the
notional income at ₹7,000/- only, which is contended to be on the
lower side. Going by the dictum in Ramachandrappa v.
Manager, Royal Sundaram Alliance Insurance Co. Ltd, (2011)
13 SCC 236, the notional income of even a coolie was liable to be
fixed at ₹7,500/- and hence the notional income needs to be
appropriately enhanced, goes the argument.
In the light of Exts.A4 to A11, I find that the notional
income of the deceased can be fixed at ₹10,000/- per month as
claimed in the petition.
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. Transport to 10,000/- 3,000/- 3,000/-
hospital (No Modification)
2. Damage to 10,000/- 1,000/- 1,000/-
clothing etc. (No Modification)
3. Funeral 50,000/- 15,000/- 15,000/-
expenses (No Modification)
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4. Compensation 1,50,000/- 10,000/- 10,000/-
for pain and (No Modification)
suffering
5. Compensation 1,50,000/- 15,000/- 15,000/-
for loss of (No Modification)
estate
6. Compensation 3,00,000/- 10,58,400/- 15,12,000/-
for loss of
dependency [(7,000+40%) x [(10,000+40%) x
1/2 x 12 x 18] 1/2 x 12 x 18]
7. Medicine & 50,000/- Nil Nil
treatment (No Modification)
8. Loss of 2,00,000/- Nil Nil
consortium (No Modification)
9 Personal 20,000/- Nil Nil
attendance (No Modification)
10 Loss of 30,000/- Nil Nil
earning (No Modification)
11 Partial loss of 20,000/- Nil Nil
earning (No Modification)
12 Compensation 2,00,000/- 1,50,000/- 1,50,000/-
for loss of love (No Modification)
and affection
Total 25,00,000/- 12,52,400/- 17,06,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹4,53,600/- (total
compensation ₹17,06,000/- that is, ₹12,52,400/- granted by the
Tribunal + ₹4,53,600/- granted in appeal) with interest at the rate
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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 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.
Sd/-
C.S.SUDHA
JUDGE
NP
