Kerala High Court

Abdulla Kunhi K.M. @ K.M.Abdulla vs Mohammed Faizal .M on 26 June, 2025

                                                2025:KER:46384
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

             THE HONOURABLE MRS. JUSTICE C.S. SUDHA

   THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947

                     MACA NO. 1045 OF 2020

        AGAINST THE AWARD DATED 15.11.2019 IN OPMV NO.424 OF

2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD

APPELLANT/PETITIONER:

           ABDULLA KUNHI K.M. @ K.M.ABDULLA
           AGED 65 YEARS, S/O. MOINDEEN KUNHI, RESIDING AT
           K.M.HOUSE, NEAR L.P. CHOOL, NAIMARAMOOLA,
           POST VIDYA NAGAR, KASARAGOD DISTRICT-671 123.

           BY ADV SHRI.K.P.HARISH
RESPONDENTS/RESPONDENTS:

    1      MOHAMMED FAIZAL M.
           AGED 32 YEARS,
           S/O. ABDULLA KUNHI, MANNANGAN HOUSE, KOLIYADUKAM,
           P.O. PERUMBALA, KASARAGOD DISTRICT-671317.

    2      AYISHATH NASEEMA M.A.
           W/O. ABDULLA B., MUNDAPILLAM, MASTHIKUND,
           MULIYAR VILLAGE, KASARAGOD-671 542.

    3      THE MANAGER
           RELIANCE GENERAL INSURANCE COMPANY LIMITED,
           AL-MADEENA COMPLEX, NEAR MALABAR HOTEL, HOSANGADI,
           MANJESHWAR, KASARAGOD-671 323.

           SRI.JITHIN SAJI ISAAC
           SRI.K.J.SAJI ISAAC
           DR.ELIZABETH VARKEY
           SRI.SHAMSUDEEN O.K.


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 26.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                              2025:KER:46384
MACA NO. 1045 OF 2020

                                      2



                             C.S.SUDHA, J.
             ----------------------------------------------------
                      M.A.C.A. No.1045 of 2020
             ----------------------------------------------------
                Dated this the 26th 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.424/2017 on the file of the Motor Accidents Claims Tribunal,

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

compensation granted by Award dated 15/11/2019. 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 25/01/2016 at

about 05:30 p.m. while he was crossing the public road, scooter

bearing registration no.KL14R7683 ridden by the first respondent

in a rash and negligent manner knocked him down as a result of 2025:KER:46384 MACA NO. 1045 OF 2020

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

compensation under various heads.

3. The first respondent/rider and the second

respondent/owner 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. 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 A6 and Ext.X1 were marked on the side of

the claim petitioner. 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 first respondent/rider of the offending vehicle resulting in the

incident and hence awarded an amount of ₹7,20,792/- together with 2025:KER:46384 MACA NO. 1045 OF 2020

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 wood merchant aged 65 years, was earning an

amount of ₹20,000/- per month. However, the Tribunal has fixed

the notional income at ₹7,667/- only, which is quite low going by

the dictum in Ramachandrappa v. Manager, Royal Sundaram

Alliance Insurance Co. Ltd, (2011) 13 SCC 236.

9.1. No evidence was adduced to substantiate the allegation 2025:KER:46384 MACA NO. 1045 OF 2020

that the claim petitioner was a wood merchant earning ₹20,000/-

per month. However, in the light of the dictum in

Ramachandrappa (Supra), I find that an amount of ₹10,500/- can

be fixed as the notional income of the claim petitioner.

Loss of earnings

10. The materials on record show that following injuries

were sustained by the claim petitioner:

"1) black eye with sub-conjunctival haemorrhage over the right eye.

2) multiple abrasion over the face.

3) abraded contusion over the chest on right side.

4) cerebral oedema with right temporal lobe contusion & left fronto temporal lobe sub. Dural haemorrhage (CT findings).

5) fracture of right petrous part of the temporal bone & left frontal bone (skull bones - CT findings)

6) fracture of 9th RIB on right side."

He was hospitalized for a period of 28 days and he had to

undergo a surgery. Hence, in all probability, he might have been

unable to work for a period of at least 6 months. Therefore, he can 2025:KER:46384 MACA NO. 1045 OF 2020

be granted compensation towards loss of earnings for a period of 6

months, which is ₹63,000/- (10,500 x 6 months).

Compensation for pain and sufferings

11. It is pointed out that though an amount of ₹5,00,000/-

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

₹50,000/- only, which is contended to be on the lower side. In the

light of the injuries sustained which include fractures also and the

medical interventions he had to undergo, I find that an amount of

₹70,000/- under this head would be just and reasonable.

12. The impugned Award is modified to the following

extent:

Sl. Head of claim Amount Amount Modified in appeal No. claimed Awarded by (in ₹) (in ₹) Tribunal (in ₹) 1 Loss of earning 1,00,000/- 30,668/- 63,000/-

                                           (7,667 x 4)       (10,500 x 6)
 2    Partial loss of     1,00,000/-           Nil              Nil
      earning                                             (No Modification)
 3    Extra                25,000/-         14,000/-          14,000/-
      nourishment                                         (No Modification)
                                                              2025:KER:46384
MACA NO. 1045 OF 2020





 4    Medical             2,00,000/-        5,20,620/-        5,20,620/-
      treatment                                            (No Modification)
      expenses,
      Future treatment    2,00,000/-           Nil                Nil
                                                           (No Modification)
      & Bystander          25,000/-           7,000/-           7,000/-
      expenses                                             (No Modification)
 5    Damage to              500/-            500/-             500/-
      clothing articles                                    (No Modification)
 6    Transportation       10,000/-           6,000/-           6,000/-
      charges                                              (No Modification)
 7    Compensation        5,00,000/-          92,004/-         1,26,000/-
      for permanent or                     (7,667 x 12 x   (10,500 x 12 x 5 x
      continuing                            5 x 20/100)         20/100)
      disability
 8    Compensation        5,00,000/-         50,000/-          70,000/-
      for pain and
      suffering
     Total                16,70,000/-       7,20,792/-        8,07,120/-
                           limited to
                          10,00,000/-

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹86,328/- (total compensation

₹8,07,120/- that is, ₹7,20,792/- granted by the Tribunal plus

₹86,328/- granted in appeal) with interest at the rate of 8% per

annum from the date of petition till date of realization (excluding

the period of 172 days delay in filing the appeal) and proportionate 2025:KER:46384 MACA NO. 1045 OF 2020

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.