Kerala High Court
M.G.Thomas vs The Branch Manager on 26 June, 2025
M.A.C.A.No.700 of 2020
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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. 700 OF 2020
AGAINST THE AWARD DATED 05/09/2016 IN OPMV NO.59 OF 2014
ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
PATHANAMTHITTA.
APPELLANT/PETITIONER IN THE O.P[M.V]:
M.G.THOMAS,
AGED 72 YEARS,
S/O.GEEVARGHESE, MELETHIL PUTHENVEEDU, TUVAYOOR
SOUTH P.O., KADAMPANADU, ADOOR,
PATHANAMTHITTA DISTRICT.
BY ADV SRI.T.K.BIJU (MANJINIKARA)
RESPONDENT/2ND RESPONDENT IN THE O.P.[M.V]:
THE BRANCH MANAGER,
BHARATHI AXIS GENERAL INSURANCE CO.LTD.,
1ST FLOOR, FENSKON, SURVEY NO.28,
DODDENKUDI, OPP. OUTERRING ROAD,
BANGLORE, KARNATAKA.
BY ADV. K.S.SANTHI, SC
THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.700 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.700 of 2020
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Dated this the 26th day of June 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1 988
(the Act) has been filed by the claim petitioner in O.P.(MV)
No.59/2014 on the file of the Motor Accidents Claims Tribunal,
Pathanamthitta, (the Tribunal), aggrieved by the amount of
compensation granted by Award dated 05/09/2016. The sole
respondent herein is the second respondent 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 22/10/2013 at
about 01:00 a.m., while he was riding his motorcycle bearing
registration No.KL.26.C.1409 through the Adoor-Enathu MC road and
when he reached near Enathu petrol pump, car bearing registration
No.KL.31.F.5635 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. An amount of ₹2,00,000/- was claimed as
compensation under various heads.
3. The first respondent/owner-cum-driver and the
second respondent/insurer remained ex parte.
4. Before the Tribunal, no oral evidence was adduced
by either side. Exts.A1 to A10 were marked on the side of the claim
petitioner. No documentary evidence was adduced by the respondents.
5. 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 ₹1,52,200/- together with
interest @ 9% 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.
6. 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.
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7. Heard both sides.
8. 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 70 year old man, was a teacher earning an amount of
₹10,000/- per month. However, the Tribunal fixed the notional
income at ₹8,000/- only, which is quite low and hence needs to be
appropriately enhanced.
8.1. Though the claim petitioner was stated to be a
teacher, no materials were produced to substantiate the same.
However, going by the dictum in Ramachandrappa v. Manager,
Royal Sundaram Alliance Insurance Co. Ltd., (2011) 13 SCC 236,
the notional income can be fixed at ₹9,000/- per month.
Loss of earnings
9. The materials on record show that the claim
petitioner sustained the following injuries:-
"(1) laceration 3x1 c.m. right side of forehead
(2) abrasion left knee 5 c.m.
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(3) fracture shaft of femur right"
He was hospitalized for a period of 24 days and had to undergo one
surgery. In all probability, he might have been unable to work or
move about for a period of 8 months. Therefore, he would be entitled
to an amount of ₹9,000/- x 8 months=₹72,000/-.
Transport to hospital
10. It is submitted by the learned counsel for the claim
petitioner that the latter had to travel from Pathanamthitta to
Thiruvananthapuram which is more than 100 kms away and therefore
the amount of ₹2,000/- awarded is quite low.
10.1. An amount of ₹5,000/- was claimed. The Tribunal
granted an amount of ₹2,000/-. Hence, in the facts and circumstances
of the case, I find that an amount of ₹5,000/- can be awarded under
this head.
Extra Nourishment
11. In the light of the period of hospitalization and the
fact that he had to undergo a surgery, I find that an amount of
₹5,000/- as claimed would be just and reasonable under this head.
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Bystander expenses
12. The materials on record show that he was
hospitalized for a period of 24 days. The incident took place on
22/10/2013. Therefore, he is entitled to get an amount of ₹300/- per
day for a period of 24 days, that is, ₹300/-x24days=₹7,200/-
Pain and sufferings
13. In the light of the injuries sustained, I find that an
amount of ₹34,000/- claimed would be just and reasonable, hence the
said amount is granted under this head.
Loss of amenities and enjoyment of life
14. In the light of the injuries sustained, I find that an
amount of ₹30,000/- claimed would be just and reasonable, hence the
said amount is granted under this head.
15. The impugned Award is modified to the following
extent :
Sl. Head of claim Amount Amount Modified in appeal
No. claimed Awarded by
Tribunal
1 Loss of earnings ₹30,000/- ₹32,000/- ₹72,000/-
(₹9,000/-x8 months)
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2 Transport to ₹5,000/- ₹2,000/- ₹5,000/-
hospital
3 Extra ₹5,000/- ₹2,000/- ₹5,000/-
nourishment
4 Damage to ₹1,000/- ₹2,000/- ₹2,000/-
clothing (No modification)
5 Medical ₹15,000/- ₹14,174/- ₹14,174/-
expenses (No modification)
6 Bystander's ₹5,000/- ₹2,000/- ₹7,200/-
expenses
(₹300/-x24 days)
7 Pain and ₹34,000/- ₹30,000/- ₹34,000/-
sufferings
8 Compensation ₹75,000/- ₹48,000/- ₹54,000/-
for loss of
earning capacity (9,000x12x5x10/100)
9 Loss of ₹30,000/- ₹20,000/- ₹30,000/-
amenities and
enjoyment of
life
Total ₹2,00,000/- ₹1,52,174/- ₹2,23,374/-
rounded to
₹1,52,200/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹71,174/- (total compensation
₹2,23,374/-, that is, ₹1,52,200/- granted by the Tribunal + ₹71,174/-
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
second respondent/insurer is directed to deposit the compensation with
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interest and costs before the Tribunal within a period of 60 days 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
