Kerala High Court

Johncy vs United India Insurance Company Ltd on 10 September, 2025

                                                   2025:KER:67049
MACA NO. 1135 OF 2020
                                  1



              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. 1135 OF 2020
AGAINST THE AWARD IN OPMV NO.1607 OF 2017 DATED 15.11.2019 ON
 THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR

APPELLANTS/PETITIONERS:

     1       JOHNCY
             AGED 32 YEARS
             W/O.SHYFIN, ATHAPPILLY HOUSE, YUDHAPURAM,
             KIDANGOOR P.O. - 683 572.

     2       ANOSHIN SHYFIN
             AGED 11 YEARS
             S/O.SHYFIN, MINOR, ATHAPPILLY HOUSE, YUDHAPURAM,
             KIDANGOOR P.O. - 683 572.

     3       SARA SHYFIN
             AGED 2 YEARS
             D/O.SHYFIN, MINOR, ATHAPPILLY HOUSE, YUDHAPURAM,
             KIDANGOOR P.O. - 683 572 APPELLANTS 2 AND 3 MINORS
             REPRESENTED BY THEIR NATURAL GUARDIAWN MOTHER 1ST
             APPELLANT JOHNCY, W/O.SHYFIN, AGED 32 YEARS,
             ATHAPPILLY HOUSE, YUDHAPURAM, KIDANGOOR P.O. - 683
             572.

             BY ADV SHRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:

             UNITED INDIA INSURANCE COMPANY LTD.
             MUNICIPAL VEGETABLE MARKET SHOPPING COMPLEX,
             PERUMBAVOOR - 683542, REPRESENTED BY ITS MANAGER.

             BY ADV SHRI.P.K.MANOJKUMAR

      THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 10.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                                 2025:KER:67049
MACA NO. 1135 OF 2020
                                        2




                               C.S.SUDHA, J.
               ----------------------------------------------------
                        M.A.C.A. No.1135 of 2020
               ----------------------------------------------------
               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 petitioners in O.P.(MV)

No.1607/2017 on the file of the Motor Accidents Claims Tribunal,

Perumbavoor, (the Tribunal), aggrieved by the amount of

compensation granted by Award dated 15/11/2019. The respondent

herein is the 3rd respondent in the petition. In this appeal, the parties

and the documents will be referred to as described in the original

petition.

2. According to the claim petitioners, on 31/07/2017 at about

8:45 a.m., while the deceased Shyfin was travelling as a pillion rider

in scooter bearing Reg. No. KL-63-E-434 through Angamaly-

Kalady road and when the scooter reached near Marottichode, bus

bearing Reg. No. KL-7/AW-9733, driven by the second respondent 2025:KER:67049 MACA NO. 1135 OF 2020

in a rash and negligent manner, knocked down the scooter. As a

result of the accident, the deceased sustained serious injuries and he

succumbed to the injuries after one year of the accident. A sum of

₹50,00,000/- was claimed as compensation under various heads.

3. The 1st respondent/owner and 2nd respondent/driver filed

written statement denying negligence on the part of the latter. The

3rd 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 2 nd respondent/driver. The age,

occupation and income of the deceased were disputed. It was also

contended that the compensation claimed was quite excessive.

4. Before the Tribunal, no oral evidence was adduced by

either side. Exts.A1 to A39 were marked on the side of the claim

petitioners and Exts.B1 was marked on the side of the 3rd

respondent/insurer.

5. The Tribunal on consideration of the documentary

evidence and after hearing both sides, found negligence on the part

of the 2nd respondent/driver of the offending vehicle resulting in the 2025:KER:67049 MACA NO. 1135 OF 2020

incident and hence awarded an amount of ₹30,46,612/- together

with interest @ 8% per annum from the date of the petition till

realisation along with proportionate costs. Aggrieved by the Award,

claim petitioners have come up in appeal.

6. 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.

7. Heard both sides.

8. The award of compensation by the Tribunal under the

following heads is challenged by the claim petitioners -

Notional Income:-

It is submitted by the learned counsel for the claim petitioner

that the deceased, a tile worker, was earning an amount of ₹30,000/-

per month. The Tribunal fixed the notional income at ₹9,000/-,

which is quite low and the same needs to be appropriately enhanced.

Per contra, it is submitted by the learned counsel for the 3 rd

respondent/insurer that in the absence of any evidence or materials

to prove income, the amount fixed as notional income is quite 2025:KER:67049 MACA NO. 1135 OF 2020

reasonable and that it does not call for any interference.

8.1. It is true that there are no materials on record to prove the

income of the deceased. However, the fact that he was a tile worker

is not seen disputed. Therefore, going by G.O.(P) No.71/2019/LBR

dated 29.7.2019, the notional income can be fixed at ₹630/- for a

period of 26 days, which comes to an amount of ₹16,380/-, rounded

off to ₹16,400/-.

Loss of Earnings:-

9. The accident occurred on 31.07.2017. Pursuant to the

accident, the deceased was completely bedridden and thereafter he

died on 03.09.2019, that is, after a period of 13 months. Therefore,

loss of earnings for a period of 13 months can be granted, which is

an amount of ₹2,13,200/- (₹16,400 X 13).

Pain and Sufferings:-

10. As noticed earlier, the deceased died after 13 months and

therefore an amount of ₹1,50,000/- under this head would be just

and reasonable.

11. No change is required in the amounts awarded under other 2025:KER:67049 MACA NO. 1135 OF 2020

heads, as the compensation awarded is just and reasonable.

12. The impugned Award is modified to the following extent:

Sl. Head of Amount Amount Modified in No. claim claimed Awarded by appeal (in ₹) Tribunal(in (in ₹) ₹) 1 Loss of 5,00,000 Nil 2,13,200/-

       earning                                          (16,400 x 13)
 2     Future loss      5,00,000            Nil             Nil
       of earning                                      (No modification)
 3     Loss of          40,00,000        12,60,000       ₹22,96,000/-
       dependency                                      [(16,400 + 16,400
                                                       x25%) x 12 x14 x
                                                              2/3]
 4     Expenses         5,00,000          25,000           25,000/-
       for transport                                   (No modification)
 5     Damage to        1,00,000          1,000            1,000/-
       clothes                                         (No modification)
 6     Funeral          10,00,000         15,000          15,000/-
       expenses                                       (No modification)
 7     Love and         10,00,000         50,000          50,000/-
       affection                                      (No modification)
 8     Loss of          10,00,000         40,000          40,000/-
       consortium                                     (No modification)

                                          80,000          80,000/-
                                                       (No modification)
 9     Pain and         10,00,000         40,000          1,50,000/-
       suffering
 10    Loss of          10,00,000         15,000         15,000/-
       estate                                         (No modification)
 11    Medical          30,00,000        11,75,612       11,75,612/-
                                                              2025:KER:67049
MACA NO. 1135 OF 2020




       expenses                                           (No modification)
 12    Future            30,00,000/-          Nil               Nil
       prospectus                                          (No modification)
 13    Loss              30,00,000/-          Nil               Nil
       expectation                                        (No modification)
       of life
 14    Loss of           30,00,000/-          Nil              Nil
       amenities                                          (No modification)
 15    Bystander         30,00,000/-        1,95,000          1,95,000/-
       expenses                                           (No modification)
 16    Extra            1,50,00,000/-       1,00,000         1,00,000/-
       nourishment                                        (No modification)
 17    General           10,00,000/-          Nil               Nil
       expenses                                            (No modification)
 18    Physiothera           Nil             50,000           50,000/-
       py charges                                         (No modification)
           Total        2,81,00,000/-
                          limited to        30,46,612/-      44,05,812/-
                         50,00.000/-

11. In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹13,59,200/- (total

compensation ₹44,05,812/- that is, ₹30,46,612/- granted by the

Tribunal plus ₹13,59,200/- 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 84 days delay in filing the appeal) and

proportionate costs. The third respondent/insurer is directed to 2025:KER:67049 MACA NO. 1135 OF 2020

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 petitioners at the earliest in accordance with law after making

deductions, if any.