Kerala High Court
Shameer N vs Muhammed Rafeek on 24 September, 2025
M.A.C.A.No.1610 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 24TH DAY OF SEPTEMBER 2025 / 2ND ASWINA, 1947
MACA NO. 1610 OF 2020
AGAINST THE AWARD DATED 24.01.2020 IN OP(MV)NO.1076 OF
2018 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
KOZHIKODE.
APPELLANT/PETITIONER:
SHAMEER N.,
AGED 39 YEARS,
S/O. UMMER,
PULPARAMBIL HOUSE, VELLIPARAMBA P O,
KOZHIKODE, PIN - 673 008.
BY ADV SHRI.N.V.P.RAFEEQUE
RESPONDENTS/RESPONDENTS:
1 MUHAMMED RAFEEK,
S/O. HAMEED, AGE NOT KNOWN,
ARAFA MANZHIL (H), KOYIKKAL THAZHAM,
VELLIPARAMBA,
KOZHIKODE, PIN - 673008,
(RC OWNER OF BIKE BEARING NO.KL-11-BE-5047)
2 MUHAMMED IRSHAAD,
S/O.HAMEED, AGED 21 YEARS
ARAFA MANZHIL HOUSE,
KOYIKKAL THAZHAM,
VELLIPARAMBA,
KOZHIKODE, PIN - 673 008,
(RIDER OF BIKE BEARING NO KL-11-BE-5047)
3 NEW INDIA INSURANCE CO LTD SHAHIR COMPLEX,
CANOOR ROAD, CALICUT HO, KOZHIKODE, 673 001,
REPRESENTED BY DIVISIONAL MANAGER,
(INSURER OF BIKE BEARING NO. NO. KL-11-BE-5047)
BY ADV SRI.P.G.GANAPPAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 24.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.1610 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.1610 of 2020
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Dated this the 24th day of September 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1988
(the Act) has been filed by the claim petitioner in O.P.(MV) No.1076 of
2018 on the file of the Motor Accidents Claims Tribunal, Kozhikode,
(the Tribunal), aggrieved by the amount of compensation granted by
Award dated 24/01/2020. The respondents herein are the respondents
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 petitioner, on 25/05/2017 at
about 08:00 p.m., while he was riding motorcycle bearing registration
no.KL-11-AQ-3959 from Medical College to Kuttikkattur and when he
reached in front of Alfathah Masjid, motorcycle bearing registration
No.KL-11-BE-5047 ridden by the second respondent in a rash and
negligent manner, collided with his vehicle, as a result of which he
sustained grievous injuries.
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3. The first respondent/owner filed written statement
denying negligence on the part of the second respondent/rider.
4. The second respondent/rider filed written statement
denying negligence on his part.
5. The third respondent/insurer filed written statement
admitting the policy but denying the liability. The age, occupation and
income were disputed. It was also contended that the amount claimed
was exorbitant.
6. Before the Tribunal, no oral evidence was adduced
by either side. Exts.A1 to A11 were marked on the side of the claim
petitioner. Ext.B1 policy certificate was marked on the side of the
respondents.
7. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part of
the second respondent/rider of the offending motorcycle resulting in the
incident and hence awarded an amount of ₹4,48,500/- together with
interest @ 8% per annum from the date of petition till realisation along
with proportionate costs. Aggrieved by the Award, the claim petitioner
has come up in appeal.
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8. 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.
9. Heard both sides.
10. The award of compensation by the Tribunal under the
following heads is challenged by the claim petitioner-
Notional income
It is submitted by the learned the counsel for the claim
petitioner that the Tribunal went wrong in fixing the notional income at
₹9,000/- which is on the lower side and hence the same needs to be
enhanced in the light of the dictum in Ramachandrappa v. Manager,
Royal Sundaram Alliance Co. Ltd, (2011) 13 SCC 236. Per contra,
it is submitted by the learned counsel for the third respondent/insurer
that the amount that has been fixed is reasonable and if the Court is
inclined to enhance the same, it may be as claimed in the claim petition.
10.1. It is true that the monthly income claimed in the claim
petition is ₹10,000/-. However, taking into account the dictum in
Ramachandrappa (Supra), the notional income is fixed as ₹11,000/-
per month.
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Pain and suffering
11. The materials on record show that the claim petitioner
sustained the following injuries-
"1) Open fracture both bones right leg type I
2) Lacerated wound 4x2x2 cm over right temporo parietal region."
He was hospitalized for a period of 7 days. Therefore, an amount of
₹50,000/- under this said would be just and reasonable.
Loss of amenities
12. An amount of ₹2,00,000/- was claimed. The Tribunal
granted an amount of ₹20,000/-. In the facts and circumstances of the
case, an amount of ₹40,000/- under this head would be just and
reasonable.
13. The impugned Award is modified to the following
extent :
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
Tribunal
1 Loss of earning ₹2,00,000/- ₹2,43,000/- ₹2,97,000/-
power (₹11,000/-x
12x15x15/100)
2 Medical ₹1,00,000/- ₹89,500/- ₹89,500/-
expenses (No modification)
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3 Bystander's ₹1,00,000/- ₹4,900/- ₹4,900/-
expenses (No modification)
4 Loss of earnings ₹2,00,000/- ₹36,000/- ₹44,000/-
(₹11,000/-x4
months)
5 Pain and ₹2,00,000/- ₹20,000/- ₹50,000/-
sufferings
6 Loss of ₹2,00,000/- ₹20,000/- ₹40,000/-
amenities and
enjoyment in life
7 Transport to ₹1,00,000/- ₹3,000/- ₹3,000/-
hospital (No modification)
8 Extra ₹1,00,000/- ₹2,000/- ₹2,000/-
nourishment (No modification)
9 Future treatment - ₹30,000/- ₹30,000/-
(No modification)
Total Limited to ₹4,48,400/- ₹5,60,400/-
₹5,00,000/- rounded to
₹4,48,500/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹1,11,900/- (total compensation
=₹5,60,400/- that is, ₹4,48,500/- granted by the Tribunal + ₹1,11,900/-
granted in appeal) with interest at the rate of 8% per annum from the
date of petition till the date of realization and proportionate costs. The
third respondent/insurer is directed to deposit the compensation with
interest and costs before the Tribunal within a period of 60 days from
the date of receipt of a copy of the judgment. On deposit of the
compensation amount, the Tribunal shall disburse the amount to the
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claim petitioner 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
ak
