Kerala High Court
Lisy Andrews vs M.Viswanathan on 10 September, 2025
2025:KER:67136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
MACA NO. 1132 OF 2020
AGAINST THE AWARD DATED 19.09.2019 IN OPMV NO.2077 OF
2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
APPELLANT/PETITIONER:
LISY ANDREWS
AGED 45 YEARS
W/O.ANDREWS, PUTHOOR HOUSE, MANGAD,
KOTTAPURAM P.O., THRISSUR DISTRICT.
BY ADV SRI.P.V.CHANDRA MOHAN
RESPONDENTS/RESPONDENTS:
1 M.VISWANATHAN
S/O.MOORTHY R.K., P/10A NORTH HOUSING UNIT,
SELVAPURAM, COIMBATORE - 641 001.
2 MANIKANDAN P.
S/O.KUNJAN, PARAPPURATH HOUSE, MARUTHUR P.O.,
ONGALUR, PALAKKAD - 679306.
3 NATIONAL INSURANCE CO.LTD.
REPRESENTED BY THE BRANCH MANAGER,
PATTAMBI BUSINESS CENTRE, 2ND FLOOR, ALEX ARCADE,
PALAKKAD ROAD, MELAPPATTAMBI - 679306.
BY ADV SMT.SARAH SALVY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 10.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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2
C.S.SUDHA, J.
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M.A.C.A. No.1132 of 2020
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Dated this the 10th day of September 2025
JUDGMENT
This appeal has been filed under Section 173 of the Motor
Vehicles Act, 1988 (the Act) by the claim petitioner in O.P.(MV)
No.2077/2013 on the file of the Motor Accidents Claims Tribunal,
Thrissur, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 19/09/2019. The respondents herein are
respondents 1 to 3 respectively in the petition. In this appeal, the
parties and documents will be referred to as described in the
original petition.
2. According to the claim petitioner, on 20/11/2012 at
02:00 p.m., while she was walking through the extreme side of
Thrissur-Shornur public road and when she reached the place by
name Akamala, car bearing registration no.TN-07-6742 driven by
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the second respondent in a rash and negligent manner knocked her
down, as a result of which she sustained grievous injuries. A sum
of ₹7,14,000/- was claimed as compensation under various heads.
3. The first respondent/owner and the second
respondent/driver of the offending vehicle remained ex parte.
4. The third respondent/insurer filed written statement
admitting the existence of a valid policy in respect of the offending
vehicle, but denied negligence on the part of the second
respondent/driver, injuries, hospitalization etc. It was also
contended that the amount claimed as compensation was quite
excessive.
5. Before the Tribunal, no oral evidence was adduced by
either side. Exts.A1 to A12 were marked on the side of the claim
petitioner and Ext.B1 was marked on the side of the third
respondent/insurer.
6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part
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of the second respondent/driver of the offending vehicle resulting in
the incident and hence awarded an amount of ₹3,62,360/- together
with interest @ 8% per annum from the date of the petition till
realisation along with proportionate costs. Aggrieved by the Award,
the claim petitioner has come up in appeal.
7. 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.
8. Heard both sides
9. The Award of compensation by the Tribunal under the
following head is challenged by the claim petitioner -
Notional income
It is submitted by the learned counsel for the claim petitioner
that the latter, an LIC agent, was earning ₹40,000/- per month.
However, the Tribunal fixed the notional income at ₹6,000/- which
is quite low and hence the same needs to be appropriately
enhanced. He relies on Exts.A10 and A11 certificates to establish
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the income. Per contra, it is submitted by the learned counsel for the
third respondent/insurer that when the salary certificates were not
properly proved, the Tribunal was justified in not relying on the
same and hence no infirmity has been committed by the Tribunal
calling for an interference by this Court.
9.1. The fact that the claim petitioner was an LIC agent is not
seen seriously disputed by the third respondent/insurer. Even going
by the dictum in Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Co. Ltd, (2011) 13 SCC 236, the income of a
coolie in the year 2012 is liable to be fixed at ₹8,500/-. Therefore,
in the facts and circumstances of the case, I find that fixing the
notional income at ₹10,000/- would be just and reasonable.
10. The learned counsel for the claim petitioner also
canvasses for enhancement of compensation granted under the
other heads. However, on going through the impugned Award, I
find that reasonable amounts have been granted and therefore, I do
not find any reason for any enhancement.
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11. The impugned Award is modified to the following
extent:
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
(in ₹) Tribunal (in ₹)
(in ₹)
1. Loss of earning 75,000/- 36,000/- 60,000/-
(6,000 x 6) (10,000 x 6)
2. Medical expenses 20,000/- 26,560/- 26,560/-
(No Modification)
3. Bystander expenses - 1,400/- 1,400/-
(No Modification)
4. Transportation 10,000/- 4,000/- 4,000/-
expenses (No Modification)
5. Extra nourishment 3,000/- 3,000/- 3,000/-
(No Modification)
6. Damage to clothing 1,000/- 1,000/- 1,000/-
etc. (No Modification)
7. Pain and suffering 35,000/- 30,000/- 30,000/-
(No Modification)
8. Compensation for 5,00,000/- 2,30,400/- 3,84,000/-
continuing or (6,000x12x16 (10,000x12x16
permanent disability x20/100) x20/100)
9. Compensation for - Nil Nil
the loss of earning (No Modification)
power
10 Loss of amenities 25,000/- 25,000/- 25,000/-
and enjoyment of (No Modification)
life
11 Compensation for 10,000/- Nil Nil
disfigurement (No Modification)
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12 Personal assistance 10,000/- 5,000/- 5,000/-
(No Modification)
13 Compensation for 25,000/- Nil Nil
loss of marriage life (No Modification)
14 Future prospects - Nil Nil
(No Modification)
Total 7,14,000/- 3,62,360/- 5,39,960/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹1,77,600/- (total
compensation = ₹5,39,960/- that is, ₹3,62,360/- granted by the
Tribunal plus ₹1,77,600/- 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 third respondent/insurer is directed to
deposit the aforesaid amount before the Tribunal within a period of
60 days from the date of receipt of a copy of the judgment. On
deposit of the amount, the Tribunal shall disburse the amount to the
claim petitioner at the earliest in accordance with law after making
deductions, if any.
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Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
