Kerala High Court

Prema vs Junaise on 15 October, 2025

                                            2025:KER:76667

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

 WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA,

                            1947

                   MACA NO. 1420 OF 2014

        AGAINST THE AWARD DATED 24.04.2012 IN OPMV NO.895

OF 2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM

APPELLANT/PETITIONER:

             PREMA
             AGED 37 YEARS
             W/O. SUNDRAN, RESIDING AT THEKKEKARA HOUSE,
             KALLAMALA.P.O., ATTAPADI, MANNARKKAD TALUK, PALAKKAD
             DISTRICT.


             BY ADVS.
             SHRI.THAMPAN THOMAS
             SHRI.B.V.JOY SANKAR



RESPONDENTS/RESPONDENTS:

    1        JUNAISE
             AGED 32 YEARS
             S/O. MOHAMMEDALI, VELLOOTH, THEKARA PO, MANNARKKAD,
             (DRIVER OF KL-9Q-919 BUS ) PIN-678523.

    2        MOIDEENKUTTY
             S/O. MOYINKUTTY, 1/103, BABU NIVAS, KODAKKADAN HOUSE,
             NEDIYIRUP.P.O., KONDOTTY, MALAPPURAM(OWNER OF KL-9Q-
             919 BUS) PIN-673638.

    3        THE ORIENTAL INSURANCE COMPANY LIMITED
             JASEELA COMPLEX, BYPASS JUNCTION, NILAMBUR ROAD,
             MANJERI (INSURER OF KL-9Q-919 BUS) PIN-673121.
                                         2025:KER:76667
                              2
MACA NO. 1420 OF 2014



             BY ADVS.
             SHRI.P.JACOB MATHEW
             SRI.T.PRASAD


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 15.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                         2025:KER:76667
                                  3
MACA NO. 1420 OF 2014



                             JUDGMENT

This appeal is filed by the appellant/claimant in O.P

(MV) No.895 of 2009 on the file of the Motor Accidents

Claims Tribunal, Ottapalam. The respondents herein were the

respondents before the tribunal.

2. According to the claimant, on 03.08.2009, while

the claimant was travelling in a motorcycle bearing

Reg.No.KL-50-6011 as a pillion rider, a bus bearing

Reg.No.KL-9Q-919 driven by the 1st respondent in a rash and

negligent manner hit against the motorcycle and thereby he

sustained serious injuries. The claimant approached the

tribunal claiming compensation of ₹1,50,000/-.

3. The first and second respondents being the driver

and owner of the offending vehicle filed a joint statement

denying all the allegations including negligence, alleged

against the driver of the bus. The 3 rd respondent, the insurer

filed a written statement, admitting the policy, but disputing

the quantum of compensation claimed and also denied all the

allegations including negligence attributed against the driver

of the bus. Before the tribunal, Exts.A1 to A16 documents

were marked. The tribunal, after analysing the pleadings and 2025:KER:76667

MACA NO. 1420 OF 2014

materials on record, awarded a sum of ₹37,500/- with interest

@8% per annum as compensation under different heads

against the 3rd respondent being the 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 counsel for the respondent insurer.

5. The learned counsel for the appellant claims

enhancement mainly under the following heads:-

Notional income :- The learned counsel for the

appellant/claimant submitted that though an amount of

₹4,000/- was claimed, the tribunal had taken only an amount

of ₹3,000/- as the monthly notional income. The learned

counsel further submitted that even going by the judgment in

Ramachanddrappa v. Manager, Royal Sundaram

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

income of a coolie, is fixed at ₹7,000/- for an accident which

occurred in the year 2009 and sought for enhancement of the

income fixed. In order to award a just and reasonable

compensation, following the judgment in Ramachandrappa

(supra), I find it appropriate to re-fix the income as ₹7,000/-.

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MACA NO. 1420 OF 2014

Loss of earnings :- The learned counsel for the

claimant submitted that the tribunal has taken only a period

of one month for awarding compensation under the afore

head. Following were the injuries sustained: (1) Lacerated

wound 4x2x1cm over the occipital area, (2) Lacerated wound

3x1x1cm, Rt temporal area, c/o pain over the back and

investigation USG hemoperitoneum due to liver contusion.

Considering the nature of injuries sustained a period of three

months can be taken as loss of earnings. Therefore, the total

amount payable under the head is recalculated as ₹21,000/-

(7000x3). The tribunal has awarded an amount of ₹3,000/-

towards loss of earnings. Thus, there will be an additional

amount of ₹18,000/- under the afore head.

Pain and suffering :- The learned counsel for the

claimant submitted that towards the head pain and suffering,

though an amount of ₹25,000/- was claimed, the tribunal has

awarded only an amount of ₹10,000/-. Considering the

injuries sustained by the claimant, I am inclined to award an

amount of ₹25,000/- under the afore head. Thus, there will be

an additional amount of ₹15,000/- under the afore head.

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MACA NO. 1420 OF 2014

Loss of amenities :- Though the appellant claimed an

amount of ₹5,000/- under this head, the tribunal awarded only

an amount of ₹2,000/-, which, according to the appellant, is

on the lower side. Considering the age of the appellant as

well as the nature of injuries sustained, I find that a total

amount of ₹15,000/- can be awarded under the head loss of

amenities. Thus, there will be an additional amount of

₹13,000/- 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:-

Sl.

No Head of Claim Amount Amount Modified Total claimed awarded by in appeal compensation the tribunal 1 Loss of 12,000 3,000 18,000 21,000 earnings 2025:KER:76667

MACA NO. 1420 OF 2014

2 Medical and 35,000 18,000 Not 18,000 miscellaneous modified expenses 3 Future 20,000 Nil Nil Nil treatment 4 Bystander 20,000 1,000 Not 1,000 expenses modified 5 Transportation 3,000 2,000 Not 2,000 expenses modified 6 Extra 3,000 1,000 Not 1,000 nourishment modified 7 Damage to 1,000 500 Not 500 clothing modified 8 Pain and 25,000 10,000 15,000 25,000 suffering 9 Loss of 5,000 2,000 13,000 15,000 amenities 10 Compensation 30,000 Nil Nil Nil for continuing or permanent disability TOTAL 1,54,000 37,500 46,000 83,500 limited to 1,50,000

Accordingly, the appeal is allowed in part and the

appellant/claimant is awarded an additional compensation of

₹46,000/- (Rupees Forty six 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. The claimant shall furnish copies of the PAN 2025:KER:76667

MACA NO. 1420 OF 2014

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. However, it is made clear that the

enhanced compensation will not carry interest for the period

of delay of 155 days in filing the appeal.