Kerala High Court
Naseema vs K.Bijoy on 10 October, 2025
M.A.C.A.No.1830 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
MACA NO. 1830 OF 2020
AGAINST THE AWARD DATED 15.10.2019 IN OP(MV)NO.770 OF 2017
ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR.
APPELLANTS/CLAIMANTS:
1 NASEEMA,
AGED 30 YEARS
W/O.LATE FARSAD, RAYINMARAKKAR VEETTIL HOUSE,
PONNANI NAGARAM, PONNANI, MALAPPURAM-679 583.
2 FATHIMATHUL NAFIHA,(MINOR)
AGED 8 YEARS,
(DOB 29.09.11), RAYINMARAKKAR VEETTIL HOUSE,
AZEEKKAL, MALAPPURAM-679 583.
3 NIHAD,
AGED 7 YEARS(MINOR),
(DOB 20.03.13), S/O.FARSHAD, RAYINMARAKKAR VEETTIL
HOUSE, AANAPARAMBU, MALAPPURAM-679 583.
4 MUHAMMED MUBASHIR, AGED 5 YEARS (MINOR),
S/O.FARSAD, D.O.B.29.01.15, RAYINMARAKKAR VEETTIL
HOUSE, AZEEKKAL, MALAPPURAM- 679 583.
APPELLANTS 2 TO 4 REPRESENTED BY NEXT FRIEND MOTHER.
5 MOIDHEENKUTTY,
AGED 69 YEARS,
S/O.MOHAMMED KUTTY, RAYINMARAKKAR VEETTIL HOUSE,
PONNANI, MALAPPURAM DISTRICT-679 583.
6 AMINA,
W/O.KUNHU @ MOIDHEENKUTTY,
PORTIKKANAKATH HOUSE, PONNANI,
MALAPPURAM DISTRICT-679 583.
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BY ADVS.
SRI.A.R.NIMOD
SRI.M.A.AUGUSTINE
RESPONDENTS/RESPONDENTS:
1 K.BIJOY,
S/O.BHAHULEYAN, KUNJAMAN HOUSE,
THIRUVATHRA P.O., CHAVAKKAD,
THRISSUR DISTRICT-680 516(DRIVER).
2 A.V.MUSTHAFA,
S/O.MUHAMMED HAJI, VAISIAM VEETTIL @ AMBALATHU
VEETTIL HOUSE, PUNNA, CHAVAKKAD,
TRICHUR DISTRICT, PIN-680 504 (RC OWNER).
3 THE NEW INDIA ASSURANCE CO.LTD.,
2ND FLOOR, PERINCHERRY BUILDINGS,
ROUND NORTH, THRISSUR-680 001(INSURER),
REPRESENTED BY BRANCH MANAGER.
BY ADV SHRI.P.K.BABU
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 10.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.1830 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.1830 of 2020
----------------------------------------------------
Dated this the 10th day of October 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act,
1988 (the Act) has been filed by the claim petitioners in O.P.(MV)
No.770 of 2017 on the file of the Motor Accidents Claims Tribunal,
Tirur (the Tribunal), aggrieved by the amount of compensation granted
by Award dated 15/10/2019. The respondents herein are respondents
in the petition. In this appeal, the parties and the documents will be
referred to as described in the original petition.
2. The claim petitioners are the wife, children and
parents of the deceased. According to the claim petitioners, on
15/03/2017 at about 09:00 hours, while the deceased was travelling in
truck bearing registration No.KL-54-C-2320 from Puduponnani to
Ponnai and when he reached the place by name Puduponnani 4 th stone,
bus bearing registration No.KL-46-8595 driven by the first respondent
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in a rash and negligent manner, collided with his vehicle, as a result of
which he sustained grievous injuries to which he succumbed.
3. The first respondent/driver and the second
respondent/owner remained ex parte.
4. The third respondent/insurer filed written statement
admitting the policy. It was also contended that the amount claimed
was exorbitant.
5. Before the Tribunal, PW1 was examined and Exts.A1
to A9 were marked on the side of the claim petitioners. No evidence
was produced by the respondents.
6. The Tribunal on consideration of the oral and
documentary evidence and after hearing both sides, found negligence
on the part of the first respondent/driver of the offending bus resulting
in the incident and hence awarded an amount of ₹25,61,000/- together
with interest @ 7% per annum from the date of the petition till the date
of 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
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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 head is challenged by the claim petitioners -
Notional income
It is submitted by the learned counsel for the claim petitioners
that the deceased, a 32 year old fish vendor, was earning ₹15,000/- per
month. However, the Tribunal awarded an amount of ₹10,000/- only,
which is quite low going by G.O.(P).No.71/2019/LBR dated
29/07/2019.
9.1. Ext.A8, copy of passbook issued by the Kerala
Fishermen's Welfare Fund Board, Ponnai, substantiates the argument
that the deceased was a fish vendor. As per the above mentioned G.O.,
the minimum daily wage for an unskilled labour is ₹770/-. The accident
took place on 15/03/2017. Therefore, an amount of ₹15,000/- as
claimed appears to be just and reasonable and hence the notional
income is fixed as ₹15,000/-.
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11. The impugned Award is modified to the following
extent :
Sl. Head of claim Amount Awarded by Modified in appeal
No. Tribunal
1 Loss of future income ₹20,16,000/- ₹30,24,000/-
(₹15,000/-+40% of
₹15,000/-)x12x16x3/4x
2 Loss of love and ₹3,00,000/- ₹3,00,000/-
affection (No modification)
3 Funeral expenses ₹15,000/- ₹15,000/-
(No modification)
4 Loss of estate ₹15,000/- ₹15,000/-
(No modification)
5 Loss of filial consortium ₹2,00,000/- ₹2,00,000/-
(No modification)
6 Pain and suffering ₹15,000/- ₹15,000/-
(No modification)
Total ₹25,61,000/- ₹35,69,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹10,08,000/- (total compensation
= ₹35,69,000/-, that is, ₹25,61,000/- granted by the Tribunal +
₹10,08,000/- 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 115 days delay in filing the appeal) and proportionate costs.
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The third respondent/insurer is directed to deposit the compensation
with 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 petitioners 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
