Back
2025 Supreme(Online)(Ker) 67375
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947 MACA NO. 558 OF 2020 AGAINST THE AWARD DATED 05.09.2019 IN OP(MV)NO.1242 OF
2016 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
APPELLANT/PETITIONER:
M.S.MURALEEDHARAN, AGED 47 YEARS, S/O.SIVAN, MADHAVAMANDIRAM, MADATHUVILAKAM, MANIKANTESWARAM, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM, PIN - 695 013.
BY ADVS.
SHRI.BIJU BALAKRISHNAN SMT.SAYUJYA RADHAKRISHNAN RESPONDENTS/RESPONDENTS:
1 RADHAKRISHNAN B., S/O.BHASKARAN, THOPPIL KOCHU VEEDU, KANNIMELCHERY, MARUTHADY P.O., KOLLAM – 691 536.
2 THE ORIENTAL INSURANCE COMPANY LTD., THIRD PARTY HUB, ST.MARYS VILLA, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN – 695 011.
REPRESENTED BY ITS MANAGER.
3 AJITHA, W/O.MOHANAN, KAVITHALAYAM, CHENTHIPPOORU, VENGODU P.O., KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 028.
4 MOHANAN A., S/O.APPUKUTTAN, KAVITHALAYAM, CHENTHIPPOORU, VENGODU P.O., KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 028.
5 THE ICICI LOMBARD GENERAL INSURANCE CO.LTD.
MAHESH ESTATE, GROUND FLOOR, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM – 695 014, REPRESENTED BY ITS MANAGER.
BY ADV. SMT.K.S.SANTHI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 14.08.2025, ALONG WITH MACA.612/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947 MACA NO. 612 OF 2020 AGAINST THE AWARD DATED 05.09.2019 IN OP(MV)NO.1276 OF
2016 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
APPELLANT/PETITIONER:
RAKESH VIJAYAN, AGED 36 YEARS, S/O.VIJAYAKUMAR, RV COTTAGE, SAGARA - 89, KUZHIVILA, PATHIRAPPALLI, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM, PIN – 695 043.
BY ADVS.
SHRI.BIJU BALAKRISHNAN SMT.SAYUJYA RADHAKRISHNAN RESPONDENTS/RESPONDENTS:
1 RADHAKRISHNAN B., S/O.BHASKARAN, THOPPIL KOCHU VEEDU, KANNIMELCHERY, MARUTHADY P.O., KOLLAM - 691 536.
2 THE ORIENTAL INSURANCE COMPANY LTD., THIRD PARTY HUB, ST.MAR'S VILLA, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695 011.
REPRESENTED BY ITS MANAGER.
3 AJITHA, W/O.MOHANAN, KAVITHALAYAM, CHENTHIPPOORU, VENGODU P.O., KUDAPPANAKUNNU, THIRUVANANTHAPURAM – 695 043.
4 MOHANAN A., S/O.APPUKUTTAN, KAVITHALAYAM, CHENTHIPPOORU, VENGODU P.O., KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043.
5 THE ICICI LOMBARD GENERAL INSURANCE CO.LTD., MAHESH ESTATE, GROUND FLOOR, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM – 695 014.
REPRESENTED BY ITS MANAGER.
BY ADV SMT.LATHA SUSAN CHERIAN SMT.K.S.SANTHI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 14.08.2025, ALONG WITH MACA.558/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S.SUDHA, J.
-----------------------------------------------------------
M.A.C.A.Nos.558 & 612 of 2020 -----------------------------------------------------------
Dated this the 14th day of August 2025
For the Appellants/Petitioners: SHRI.BIJU BALAKRISHNAN, SMT.SAYUJYA RADHAKRISHNAN
For the Respondents: ADV. SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN
The court affirmed the standard for compensation in motor accident claims and enhanced awards based on established income benchmarks and injuries sustained.
Headnote:This judgment adjudicates two appeals filed under Section 173 of the Motor Vehicles Act, 1988, concerning compensation awarded by the Tribunal. The claimants contended negligence in a road accident, resulting in injuries and claims of ₹2,00,000/- and ₹4,00,000/-. The Tribunal awarded ₹1,59,640/- and ₹2,53,700/-. On appeal, the court considered the arguments for enhancing compensation, referencing the case of Ramachandrappa v. Manager, Royal Sundaram Alliance Co. Ltd. The court enhanced the compensation to ₹1,95,800/- and ₹3,04,500/- with 8% interest.
| Table of Content |
|---|
| 1. final decision on the appeals and compensation amounts. (Para 1 , 7 , 9 , 10 , 14) |
| 2. claims of negligence resulting in injuries. (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 3. assessment and enhancement of compensation based on injuries. (Para 11 , 12 , 13) |
J U D G M E N T
These appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 (the Act) by the claim petitioners in O.P.(MV) Nos.1242 & 1276 of 2016 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram, (the Tribunal), aggrieved by the amount of compensation granted by common Award dated 05/09/2019. The respondents in both the appeals are the respondents in the petitions. In these appeals, the parties and the documents will be referred to as described in the original petitions.
2. According to the claim petitioners, on 02/10/2015, at about 07:30 a.m., while they were travelling in car bearing registration no.KL-01-AN-3514 from Thiruvananthapuram to Kollam and when they reached near the place by name Mukkada junction, another car bearing registration no.KL-02-AM-4342 driven by the first respondent in a rash and negligent manner dashed against their car, as a result of which they sustained grievous injuries. A sum of ₹2,00,000/- was claimed by the claim petitioner in O.P.(MV) No.1242/2016 and a sum of ₹4,00,000/- by the claim petitioner in O.P(MV) No.1276/2016 as compensation under various heads.
3. The third respondent/owner and the fourth respondent/driver of the car bearing registration No.KL-01-AN-3514 remained ex parte in both the petitions.
4. The first respondent/owner-cum-driver filed written statement denying negligence on his part. It was contended that the amount claimed was excessive.
5. The second respondent/insurer of the offending vehicle filed written statement admitting the policy. It was also contended that the amount claimed was excessive.
6. The fifth respondent/insurer of the car bearing registration No.KL-01-AN-3514 filed written statement admitting the policy.
7. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A13 were marked on the side of the claim petitioners. Ext.B1 was produced by the respondents.
8. The Tribunal on consideration of the documentary evidence and after hearing both sides, found negligence on the part of the first respondent/driver of the offending car resulting in the incident and hence awarded an amount of ₹1,59,640/- in OP(MV) No.1242/2016 and ₹2,53,700/- in OP(MV) No.1276/2016 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.
9. The only point that arises for consideration in these appeals is whether there is any infirmity in the findings of the Tribunal calling for an interference by this Court.
10. Heard both sides.
MACA No.558/2020 Notional income It is submitted by the learned counsel for the claim petitioner that the notional income of ₹8,000/- fixed by the Tribunal is on the lower side and hence, the same needs to be appropriately enhanced.
10.1. In the light of the dictum in Ramachandrappa v. Manager, Royal Sundaram Alliance Co. Ltd. (2011) 13 SCC 236 the monthly income can be fixed as ₹10,000/-.
Compensation for pain and suffering
11. The materials on record show that the claim petitioner sustained the following injuries -
“Swelling in (Lt) hand above wrist, # lower end radius and hematoma above (Rt) eyebrow.”
In the light of the injuries sustained, I find that an amount of ₹35,000/-
under this head would be just and reasonable.
12. The impugned Award is modified to the following extent:
| Sl. Head of claim Amount Amount Modified in appeal No. claimed Awarded by Tribunal | ||||
| Part I | ||||
| 1 | Compensation for loss of earnings | ₹18,000/- | ₹24,000/- | ₹30,000/- (₹10,000/-x3 months) |
| 2 | Transport to Hospital and back home | ₹5,000/- | ₹1,000/- | ₹1,000/- (No Modification) |
| 3 | Extra nourishment | ₹4,000/- | ₹1,000/- | ₹1,000/- (No Modification) |
| 4 | Damages to clothing and | ₹2,000/- | ₹1,000/- | ₹1,000/- ( |
