Kerala High Court
Muhammed vs The Oriental Insurance Co. Ltd on 18 September, 2025
2025:KER:69543
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
MACA NO. 1424 OF 2020
AGAINST THE AWARD DATED 27.01.2020 IN OPMV NO.1154 OF
2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANTS/CLAIMANTS:
1 MUHAMMED
AGED 52 YEARS, S/O. MOYI, RESIDING AT KANNAYARUPPIL,
KEDAVUR, THACHAMPOYIL, KOZHIKODE, KERALA - 673573.
2 SULAIKHA
AGED 46 YEARS, W/O. MUHAMMED, RESIDING AT
KANNAYARUPPIL, KEDAVUR, THACHAMPOYIL, KOZHIKODE,
KERALA - 673573.
3 SHANID
AGED 23 YEARS, S/O.MUHAMMED, RESIDING AT
KANNAYARUPPIL, KEDAVUR, THACHAMPOYIL, KOZHIKODE,
KERALA - 673573.
4 SHANIBA
AGED 20 YEARS, D/O. MUHAMMED, RESIDING AT
KANNAYARUPPIL, KEDAVUR, THACHAMPOYIL, KOZHIKODE,
KERALA - 673573.
BY ADV SMT.K.V.RASHMI
RESPONDENT/3RD RESPONDENT:
THE ORIENTAL INSURANCE CO. LTD
THODUPUZHA P O, 1ST FLOOR, JYOTHI SUPER BAZAR,
THODUPUZHA, KERALA - 686584, REPRESENTED BY ITS
MANAGER.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 18.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 1424 OF 2020
2
C.S.SUDHA, J.
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M.A.C.A. No.1424 of 2020
----------------------------------------------------
Dated this the 18th 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.1154/2018 on the file of the Motor Accident Claims Tribunal,
Kozhikode, (the Tribunal), aggrieved by the amount of
compensation granted by Award dated 27/01/2020. The sole
respondent herein is the third respondent/insurer 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 petitioners, on 07/04/2018 at
about 12:10 p.m. while the deceased was pillion riding on scooter
bearing registration no.KL-57-M-1922 from the place by name
Ulliyeri to Atholi and when he reached the place by name
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Alinchuvadu, lorry bearing registration no.KL-11-BC-6664 driven
by the second respondent in a rash and negligent manner knocked
him down, as a result of which he sustained grievous injuries to
which he succumbed. A sum of ₹25,00,000/- was claimed as
compensation under various heads.
3. The first respondent/owner and the second
respondent/driver of the offending vehicle though entered
appearance, did not file any written statement.
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. The age, occupation, income and injuries
sustained to the deceased were disputed. 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 A7 were marked on the side of the claim
petitioners. No documentary evidence was produced by the
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respondents.
6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part
of the second respondent/driver of the offending vehicle resulting in
the incident and hence awarded an amount of ₹16,42,000/- together
with interest @ 8% per annum from the date of the petition till
realisation along with proportionate costs. Aggrieved by the Award,
the claim petitioners have 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 heads is challenged by the claim petitioners -
Notional income
It is submitted by the learned counsel for the claim petitioners
that the deceased, an auto driver, was earning ₹20,000/- per month.
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However, the Tribunal fixed the notional income at ₹10,000/-,
which is quite low even going by the dictum in Ramachandrappa v.
Manager, Royal Sundaram Alliance Insurance Co. Ltd, (2011) 13
SCC 236.
9.1. There are no materials on record to support the claim
regarding the income. However, going by the dictum in
Ramachandrappa (Supra), the notional income can be fixed as
₹11,500/- per month.
11. The learned counsel for the claim petitioner also
canvasses for enhancement of compensation awarded under the
other heads. However, on going through the impugned Award, I
find that reasonable amounts have been granted and hence no
further enhancements are called for regarding the compensation
awarded under the other heads.
12. The impugned Award is modified to the following
extent:
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MACA NO. 1424 OF 2020
Sl. Head of claim Amount Amount Modified in
No claimed Awarded by appeal
(in ₹) Tribunal (in ₹)
(in ₹)
1. Loss of dependency 15,00,000/- 15,12,000/- 17,38,800/-
[(10,000+40%) [(11,500+40%)
x12x18x1/2) x12x18x1/2)
2. Love and affection 2,00,000/- 1,00,000/- 1,00,000/-
(No Modification)
3. Loss of estate - 15,000/- 15,000/-
(No Modification)
4. Funeral expenses 50,000/- 15,000/- 15,000/-
(No Modification)
Total limited to 16,42,000/- 18,68,800/-
25,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹2,26,800/- (total
compensation ₹18,68,800/- that is, ₹16,42,000/- granted by the
Tribunal plus ₹2,26,800/- 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 92 days delay in filing the appeal) 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
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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.
Interlocutory applications, if any pending, shall stand
closed.
Sd/-
C.S.SUDHA
JUDGE
NP
