Kerala High Court
Vanaja.M vs United India Insurance Company Limited on 19 September, 2025
2025:KER:70059
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
MACA NO. 816 OF 2020
AGAINST THE AWARD DATED 30.12.2019 IN OPMV NO.62 OF
2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TALIPARAMBA
APPELLANTS/PETITIONERS:
1 VANAJA.M
AGED 52 YEARS, W/O. LATE T.K. LAKSHMANAN,
KANAKKEEL HOUSE, KUTHIRU, KARIVELLUR,
PAYYANNUR TALUK, KANNUR DISTRICT.
2 LIJESH THOTTAN KANAKEEL,
AGED 34 YEARS, S/O. LATE T.K. LAKSHMANAN,
KANAKKEEL HOUSE, KUTHIRU, KARIVELLUR,
PAYYANNUR TALUK, KANNUR DISTRICT.
3 LIJINA VIJESH,
AGED 31 YEARS, S/O. LATE T.K. LAKSHMANAN,
KANAKKEEL HOUSE, KUTHIRU, KARIVELLUR,
PAYYANNUR TALUK, KANNUR DISTRICT.
BY ADV SRI.M.V.AMARESAN
RESPONDENT/RESPONDENT NO.2:
UNITED INDIA INSURANCE COMPANY LIMITED
REPRESENTED BY ITS BRANCH MANGER,
BEHIND SBI, CITY MALL, COURT ROAD,
P.O. PAYYANNUR, KANNUR DISTRICT 670 307.
BY ADV SRI.A.A.MOHAMMED NAZIR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 19.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 816 OF 2020
2
C.S.SUDHA, J.
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M.A.C.A. No.816 of 2020
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Dated this the 19th 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.62/2019 on the file of the Motor Accidents Claims Tribunal,
Taliparamba, (the Tribunal), aggrieved by the amount of
compensation granted by Award dated 30/12/2019. The sole
respondent herein is the second 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 15/10/2018 at
about 03:30 p.m., while the deceased was riding two-wheeler
bearing registration no.KL-59-N-6370 from the place by name
Cheruvathur to Neeleshwaram and when he reached the place by
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name Karuvacherry, car bearing registration no.KL-60-H-8568
driven by the first 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-cum-driver though entered
appearance, did not file any written statement.
4. The second 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 first
respondent/owner-cum-driver. The income and occupation of the
deceased were disputed.
5. Before the Tribunal, PWs 1 and 2 were examined and
Exts.A1 to A24 were marked on the side of the claim petitioners.
No evidence was adduced by the respondents.
6. The Tribunal on consideration of the oral and
documentary evidence and after hearing both sides, found
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negligence on the part of the first respondent/owner-cum-driver of
the offending vehicle resulting in the incident and hence awarded
an amount of ₹15,10,000/- together with interest @ 9% per annum
from the date of the petition till realization 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 was running a business under the name and style
'Arabian Waterproof roof membrane and construction' earning
₹30,000/- per month. However, the Tribunal fixed the notional
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income at ₹15,000/- which is quite low in the light of the materials
produced. He also draws my attention to Exts.A19 to A23 and
submits that a reasonable enhancement may be granted.
9.1. In the light of the materials produced, the notional
income is fixed as ₹18,000/-.
10. 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 earnings - Nil Nil
(No Modification)
2. Partial loss of - Nil Nil
earning (No Modification)
3. Transportation 25,000/- 10,000/- 10,000/-
charges (No Modification)
4. Damages to 1,000/- 2,000/- 2,000/-
clothing & articles (No Modification)
5. Extra nourishment 2,000/- Nil Nil
(No Modification)
6. Medical expenses 25,000/- Nil Nil
(No Modification)
7. Bystanders - Nil Nil
expenses (No Modification)
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8. Funeral expenses 25,000/- 15,000/- 15,000/-
(No Modification)
9. Pain and sufferings 2,00,000/- 10,000/- 10,000/-
(No Modification)
10. Compensation for 1,00,000/- 1,20,000/- 1,20,000/-
loss of consortium (No Modification)
11. Compensation for 3,00,000/- 1,50,000/- 1,50,000/-
loss of love and (No Modification)
affection
12. Compensation for 1,00,000/- 15,000/- 15,000/-
loss of estate (No Modification)
13. Loss of dependency 20,00,000/- 11,88,000/- 14,25,600/-
[(15,000+10%) [(18,000+10%)
x12x9x2/3] x12x9x2/3]
Total 27,78,000/- 15,10,000/- 17,47,600/-
limited to
25,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹2,37,600/- (total
compensation = ₹17,47,600/- that is, ₹15,10,000/- granted by the
Tribunal plus ₹2,37,600/- 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 second 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
