Kerala High Court
Litwin M vs Sebastian P.M on 10 October, 2025
2025:KER:75357
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. 2931 OF 2014
AGAINST THE AWARD DATED IN OPMV NO.1547 OF 2006 OF
ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL/RENT CONTROL APPELLATE AUTHORITY,
THALASSERY
APPELLANT/PETITIONER:
LITWIN M.
AGED 22 YEARS
S/O MATHEW, KAVILPOIL HOUSE, KOTTIYOOR P.O, KOTTIYOOR
AMSOM, KANNUR DISTRICT
BY ADVS.
SRI.C.P.PEETHAMBARAN
SMT.MINI.V.A.
RESPONDENTS/RESPONDENTS:
1 SEBASTIAN P.M.
S/O MATHEW, PUTHUMATTATHIL HOSUE, (PULAMANATHIL
HOUSE), KOTTIYOOR AMSOM, CHUNGAKUNNU DESOM, KOTTIYOOR
P.O, KANNUR DISTRICT, (OWNER OF DRIVER OF VEHICLE KL
13 F 5221 JEEP) 670651
2 UNITED INDIA INSURANCE COMPANY LTD
KANNUR BRANCH OFFICE, P.B NO 52, FORT ROAD, KANNUR
670001, PERAMBRA, KOZHIKODE DISTRICT
BY ADV SMT.P.K.SANTHAMMA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 10.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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2
MACA NO. 2931 OF 2014
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1547
of 2006 on the file of the Additional Motor Accidents Claims
Tribunal, Thalassery. The respondents herein are the
respondents before the tribunal.
2. According to the appellant/claimant, 22.02.2006,
while the minor claimant was returning from Kottiyoor IJM
School on his bicycle, a taxi jeep bearing Reg.No.KL-13/F
5221 driven by the 1st respondent in a rash and negligent
manner came and knocked him down, thereby the claimant
sustained serious injuries. The claimant approached the
tribunal claiming compensation ₹2,00,000/-.
3. The 1st and 2nd respondents were the driver and the
insurer of the offending vehicle respectively. Though the 1st
respondent entered appearance, no written statement was
filed. The 2nd respondent insurer filed a written statement,
admitting the policy but disputing the quantum of
compensation claimed and denying liability. Exts.A1 to A8
and Ext.B1 were marked. PW1 was examined. The tribunal,
after analysing the pleadings and materials on record,
awarded a sum of ₹50,000/- as compensation under different
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MACA NO. 2931 OF 2014
heads with interest @8% per annum from the date of petition
till realization with proportionate costs from respondent-
insurer and granted right of recovery from the first
respondent. 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. Though notice was served on the 1 st respondent, he
chose not to appear before this Court.
5. The learned counsel for the appellant claims
enhancement mainly under the following heads :-
Loss of earnings / studies :- The learned counsel for
the appellant submitted that the tribunal has not awarded any
compensation towards loss of studies. The injured was
studying in the 9th standard and was aged only 14 years at the
time of accident. The claimant sustained the following
injuries: 1) blunt injury on the abdomen, liver, peritoneum, 2)
Fracture to humerus. Considering the afore facts and since
the injured was a 9th standard student, I find that a
consolidated amount of ₹25,000/- can be awarded for loss of
studies.
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MACA NO. 2931 OF 2014
Loss of amenities :- The claimant himself was
examined as PW1, who was 22 years at the time of
examination. He had deposed that he lost one year of his
studies and the accident adversely affected the functioning of
his liver, spleen and kidney. He also deposed that he had
undergone an open stomach surgery. Considering the afore
facts, I find that a total amount of ₹20,000/- can be awarded
under the head loss of amenities. Since the tribunal has
awarded an amount of ₹4,000/- under the said head, there
will be an additional amount of ₹16,000/- under the afore
head.
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 2014, I find it appropriate to fix the interest @ 7%
per annum on the enhanced amount.
7. Thus, the impugned award of the tribunal is
modified as follows:-
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MACA NO. 2931 OF 2014
Sl.
No Head of Amount Amount Modified Total
Claim claimed awarded in appeal compensation
by the
tribunal
1 Loss of Nil Nil 25,000 25,000
earnings
/studies
2 Transport to 20,000 5,000 Not 5,000
hospital modified
clothing modified
4 Extra 10,000 4,000 Not 4,000
nourishment modified
5 Medical 25,000 3,500 Not 3,500
expenses modified
6 Bystander Nil 3,000 Not 3,000
expenses modified
7 Pain and 50,000 30,000 Not 30,000
suffering modified
8 Permanent 50,000 Nil Nil Nil
disability
9 Loss of 40,000 4,000 16,000 20,000
amenities
TOTAL 2,00,000 50,000 41,000 91,000
Accordingly, the appeal is allowed in part and the
appellant/claimant is awarded an additional compensation of
₹41,000/- (Rupees Forty one thousand only) over and above
the compensation awarded by the tribunal with interest @7%
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 and recover the same from the 1st respondent. The
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MACA NO. 2931 OF 2014
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.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
STB
