Kerala High Court
Mohandas vs K.P.Jamsheer on 18 June, 2025
2025:KER:43461
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
MACA NO. 777 OF 2020
AGAINST THE AWARD DATED 28.11.2019 IN OPMV NO.595 OF
2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM
APPELLANT/PETITIONER:
MOHANDAS
AGED 60 YEARS
S/O.ANNAMALA MUTHALIYAR, MUTHALIYAR NILAYAM,
THANNEER PANTHAL, PALLANCHANTHANOOR, MATHUR PG.,
PALAKKAD-678 575.
BY ADV SRI.SHEJI P.ABRAHAM
RESPONDENTS/RESPONDENTS:
1 K.P.JAMSHEER
S/O.MOIDU, KARANDIPURATH HOUSE, P.O.PANAMANNA,
OTTAPALAM P.O,. PALAKKAD-679 501.
2 RIYAS.M.
S/O.SEYITHALAVI, MANAGING PARTNER,
FIGHTER CHAPPALS, N.A.9/636, K.L.PERUMANNA,
KOZHIKODE-673 001.
3 NEW INDIA ASSURANCE COMPANY LIMITED
FEROKE BRANCH(760605), 1ST FLOOR,
POOTHERI BUILDING, RAILWAY STATION ROAD,
FEROKE, KOZHIKODE-673 631, REPRESENTED BY ITS
BRANCH MANAGER.
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 18.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:43461
MACA NO. 777 OF 2020
2
C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A. No.777 of 2020
----------------------------------------------------
Dated this the 18th 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.595/2017 on the file of the Motor Accidents Claims Tribunal,
Ottapalam, (the Tribunal), aggrieved by the amount of
compensation granted by Award dated 28/11/2019. The respondents
herein are respondents 1 to 3 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 petitioner, on 08/06/2017 at
about 05:45 p.m. while he was riding motorcycle bearing
registration no.KL49C9546 through Pampadi-Peringottukurissi
public road and when he reached the bus stand at the place by name
2025:KER:43461
MACA NO. 777 OF 2020
Pampadi, lorry bearing registration no.KL11BC4136 driven by the
first respondent in a rash and negligent manner knocked him down
as a result of which he sustained injuries. A sum of ₹2,00,000/-
was claimed as compensation under various heads.
3. The second respondent/owner remained ex parte.
4. The first respondent/driver filed written statement
denying negligence on his part.
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, occupation, income etc. of 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
A8 were marked on the side of the claim petitioner. No evidence
was adduced by the respondents.
6. The Tribunal on consideration of the oral and
2025:KER:43461
MACA NO. 777 OF 2020
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
₹1,79,805/- together with interest @ 9% 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 58 years, was earning an amount of
₹20,000/- per month at the time of the incident. However, the
2025:KER:43461
MACA NO. 777 OF 2020
Tribunal has fixed the notional income at ₹8,000/- only, which
needs to be enhanced.
In the light of the dictum in Ramachandrappa v. Manager,
Royal Sundaram Alliance Insurance Co. Ltd, (2011) 13 SCC
236, the notional income of even a coolie in the year 2017 was
liable to be fixed at ₹11,000/-. Hence, I find that an amount of
₹11,000/- can be fixed as the notional income of the claim
petitioner.
Loss of earnings
Exts.A3 and A4 wound certificates and Ext.A7 discharge
summery show that the following injuries were sustained by the
claim petitioner:
"1) concussive head injury
2) left frontal bone fracture
3) right temporal polar subdural haematoma
4) right sylvian SAH
5) bilateral high frontal surface contusion
6) left temporal contusion"
The materials on record show that the claim petitioner was
2025:KER:43461
MACA NO. 777 OF 2020
hospitalized for a period of 8 days. Therefore, taking into account
the nature of injuries sustained which include a fracture, I find that,
in all probability, he might have been unable to work for a period of
at least 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).
Compensation for pain and sufferings
It is pointed out that though an amount of ₹1,00,000/- was
claimed under this head, the Tribunal has granted an amount of
₹25,000/- only, which is contended to be on the lower side. In the
light of the injuries sustained which include a fracture also, I find
that an amount of ₹40,000/- under this head would be just and
reasonable.
Compensation for loss of enjoyment and amenities 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
₹25,000/- only. In the light of the injuries sustained by the claim
2025:KER:43461
MACA NO. 777 OF 2020
petitioner, I find that an amount of ₹35,000/- 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 Compensation 60,000/- 24,000/- 66,000/-
for loss of (8,000 x 3) (11,000 x 6)
earning
2 Partial loss of 30,000/- Nil Nil
earnings (No Modification)
3 Transportation 20,000/- 2,500/- 2,500/-
expenses (No Modification)
4 Extra 20,000/- 1,600/- 1,600/-
nourishment (No Modification)
5 Bystander 30,000/- 1,600/- 1,600/-
expenses (No Modification)
6 Damage to 10,000/- 1,000/- 1,000/-
clothing and (No Modification)
articles
7 Medical 1,00,000/- 55,905/- 55,905/-
expenses (No Modification)
8 Future treatment 50,000/- Nil Nil
expenses (No Modification)
9 Compensation 1,00,000/- 25,000/- 40,000/-
for pain and
suffering
2025:KER:43461
MACA NO. 777 OF 2020
10 Compensation 50,000/- 25,000/- 35,000/-
for loss of
enjoyment and
amenities in life
11 Compensation 1,50,000/- 43,200/- 59,400/-
for permanent (8,000 x 12 x (11,000 x 12 x 9 x
disability 9 x 5/100) 5/100)
12 Compensation 50,000/- Nil Nil
for loss of (No Modification)
earning power
Total 6,70,000/- 1,79,805/- 2,63,005/-
limited to
2,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹83,200/- (total compensation
₹2,63,005/- that is, ₹1,79,805/- granted by the Tribunal plus
₹83,200/- 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 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
2025:KER:43461
MACA NO. 777 OF 2020
deductions, if any.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
