Kerala High Court

Sudheesh vs Hareesh Kumar on 10 October, 2025

                                            2025:KER:75290

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947

                   MACA NO. 4056 OF 2017

        AGAINST THE AWARD DATED 31.12.2016 IN OPMV NO.288

OF 2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE

APPELLANT/PETITIONER:


             SUDHEESH
             AGED 31 YEARS
             S/O. SURENDRAN, AGED 31 YEARS, KOOMULLYTHRIKOVIL
             HOUSE, KOOMULLY, P.O. ATHOLI, KOZHIKODE DISTRICT.


             BY ADV SRI.K.MUHAMMED SALAHUDHEEN


RESPONDENTS/RESPONDENTS:

    1        HAREESH KUMAR
             S/O. KUMARAN, 32/599, NANIYARAMBATH HOUSE, AGE NOT
             KNOWN TO THE APPLICANT, CHELAVOOR P.O., KOZHIKODE,
             PIN - 673 571.

    2        SANTHOSH O.P.
             OTTAPLAKKAL HOUSE, MARIKUNNU P.O., KOZHIKODE,
             PIN - 673 012.

    3        JAISON. V.E.
             AGED 39 YEARS
             AGED 39 YEARS, S/O. CHACKO, 38/949, ANAND VIHAR, EAST
             HILL, KOZHIKODE,
             PIN - 673 001.

    4        RELIANCE GENERAL INSURANCE COMPANY LIMITED
             2ND FLOOR, CITADEL ARCADE, R.C.ROAD, CALICUT,
             PIN - 673 001.
                                         2025:KER:75290
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MACA NO. 4056 OF 2017



             BY ADVS.
             SRI.GEORGE CHERIAN (SR.)
             SMT.K.S.SANTHI
             SMT.LATHA SUSAN CHERIAN


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 10.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                2025:KER:75290
                               3
MACA NO. 4056 OF 2017



                         JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.288

of 2016 on the file of the Principal Motor Accidents Claims

Tribunal, Kozhikode. The respondents herein are the

respondents before the tribunal.

2. According to the appellant/claimant, on

07.09.2015, while the claimant was travelling as a pillion

rider on a motorcycle bearing Reg.No.KL-11-V-2090 and when

reached near Atholi petrol pump, a tourist bus bearing

Reg.No.KL-05-U-1890 driven by the 3rd respondent in a rash

and negligent manner hit the motorcycle, thereby the

claimant sustained serious injuries. The claimant approached

the tribunal claiming compensation of ₹23,62,500/-.

3. The 1st and 2nd respondents being the owners and

the 3rd respondent, driver, were called absent and set ex-parte

before the tribunal. The 4th respondent insurer filed a written

statement, admitting the policy but disputing the quantum of

compensation claimed and denying the negligence of the 3 rd

respondent. Exts.A1 to A10 and Ext.C1 were marked. The

tribunal, after analysing the pleadings and materials on

record, awarded a sum of ₹2,06,894/- rounded to ₹2,06,900/-

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MACA NO. 4056 OF 2017

as compensation under different heads with interest @9% per

annum from the date of petition till realization with

proportionate costs from respondent - insurer. Dissatisfied

with the quantum of compensation awarded by the tribunal,

the claimant has come up in appeal.

4. Heard the learned counsel for the appellant and

the learned Standing Counsel for the respondent insurance

company.

5. The learned counsel for the appellant claims

enhancement mainly under the following heads :-

Notional income :- On a perusal of the award, it is

seen that though an amount of ₹750/- per day was claimed,

the tribunal has taken only an amount of ₹5,000/- as the

monthly income. The learned counsel for the appellant

submitted that even going by the judgment in

Ramachandrappa v. Manager, Royal Sundaram Alliance

Insurance Company Ltd. [(2011) 13 SCC 236], the income

of a Coolie, for an accident that occurred in the year 2015 is

fixed at ₹10,000/- and sought for enhancement of the income

fixed. Following the judgment in Ramachandrappa (supra),

in order to award a just and reasonable compensation, I find it 2025:KER:75290

MACA NO. 4056 OF 2017

appropriate to re-fix the income as ₹10,000/-.

Loss of earnings :- On a perusal of the award it is seen

that the tribunal has awarded compensation for loss of

earnings for a period of six months. Since the monthly income

has been re-fixed as ₹10,000/-, the compensation payable for

loss of earnings is re-calculated thus ₹60,000/- (10,000 x 6).

The tribunal has awarded an amount of ₹30,000/- under the

afore head. Thus, there will be an additional amount of

₹30,000/- under the said head.

Pain and sufferings :- Though an amount of

₹3,00,000/- was claimed, the tribunal has awarded only an

amount of ₹20,000/- towards pain and sufferings. The

claimant sustained the following injuries: (1) Type III

supracondylar fracture right femur, (2) Lacerated wound

right iliac region. Considering the nature of injuries

sustained, I find that a total amount of ₹40,000/- can be

awarded under the said head. Thus, there will be an

additional amount of ₹20,000/- under the afore head.

Loss of amenities :- The learned counsel for the

appellant submitted that the tribunal awarded an amount of

₹10,000/- towards the head loss of amenities, which is on the 2025:KER:75290

MACA NO. 4056 OF 2017

lower side. Considering the injuries sustained by him and loss

of enjoyment in life, I am inclined to grant an additional

amount of ₹20,000/- totalling to an amount of ₹30,000/-

under the afore head.

Compensation for disability :- On a perusal of the

award, it is seen that as per Ext.C1 disability certificate, the

percentage of disability was assessed as 24%. However, the

tribunal has reduced the percentage to 10%. No proper

reasons have been stated by the tribunal for reducing the

percentage to 10%. I do not find any reason to disbelieve

Ext.C1 and accordingly, I find it appropriate to re-fix the

percentage of disability at 18%. Since the monthly income has

been re-fixed as ₹10,000/-, following the judgments in

National Insurance Co. Ltd. v. Pranay Sethi [2017(4) KLT

662(SC)] and Sarla Verma v. Delhi Transport Corporation

[2010(2) KLT 802(SC)], the appellant will be entitled to get a

total compensation of ₹3,67,200/- (10000 x 12 x 17 x 18/100)

towards loss of earning capacity/ compensation for loss of

disability. The tribunal has awarded an amount of ₹1,02,000/-

under the said head. Thus, there will be an additional amount

of ₹2,65,200/- under the afore head.

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MACA NO. 4056 OF 2017

6. Though the appellant claimed enhancement of

compensation under the other heads, on a perusal of the

records available, I am not inclined to interfere with the

compensation awarded by the tribunal under other heads

since it appears to be just and reasonable. Since the appeal is

of the year 2017, I find it appropriate to fix the interest @ 8%

per annum on the enhanced amount.

7. Thus, the impugned award of the tribunal is

modified as follows:-

Sl.

No Head of Claim Amount Amount Modified Total claimed awarded in appeal compensation by the tribunal 1 Loss of 1,12,500 30,000 30,000 60,000 earnings 2 Transport to 50,000 4,200 Not 4,200 hospital modified 3 Hospitalisation 1,00,000 23,200 Not 23,200 for 29 days modified 4 Medical bills 5,00,000 13,094 Not 13,094 modified 5 Future 5,00,000 4,400 Not 4,400 treatment modified 6 Pain and 3,00,000 20,000 20,000 40,000 suffering 7 Loss of 3,00,000 10,000 20,000 30,000 amenities 8 Loss of 5,00,000 1,02,000 2,65,200 3,67,200 income due to disability TOTAL 2,06,894 3,35,200 5,42,094 rounded to 2,06,900

Accordingly, the appeal is allowed in part and the 2025:KER:75290

MACA NO. 4056 OF 2017

appellant/claimant is awarded an additional compensation of

₹3,35,200/- (Rupees Three lakhs thirty five thousand two

hundred only) over and above the compensation awarded by

the tribunal with interest @8% per annum from the date of

petition till realization and proportionate costs. The respondent

insurer shall deposit the said amount together with interest

and costs within a period of two months from the date of

receipt of a certified copy of this judgment. The claimant shall

furnish copies of the PAN Card, ADHAAR Card and bank

details before the respondent insurer within a period of one

month so as to enable the insurance company to make the

deposit as ordered above. In case of failure to furnish details as

above, it shall be open for the insurance company to deposit

the said amount before the tribunal. Upon such deposit being

made, the entire amount shall be disbursed to the appellant at

the earliest in accordance with law.