Kerala High Court
Prasannakumari vs The Manager, New India Insurance ... on 30 July, 2025
M.A.C.A.No.284 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 30TH DAY OF JULY 2025 / 8TH SRAVANA, 1947
MACA NO. 284 OF 2020
AGAINST THE AWARD DATED 14.06.2019 IN OP(MV)NO.723 OF
2012 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
ALAPPUZHA.
APPELLANTS/PETITIONERS:
1 PRASANNAKUMARI,
AGED 63 YEARS,
D/O.THANKAPPAN, PANAMPUDAVELI, CHARAMANGALAM,
MUHAMMA, ALAPPUZHA DISTRICT.
2 SATHYAPRASAD,
AGED 60 YEARS,
S/O.THANKAPPAN, PUTHANTHOTTUNGAL, CHERTHALA,
ALAPPUZHA DISTRICT.
3 PRADEEPAKUMARI,
AGED 56 YEARS,
D/O.THANKAPPAN, KOCHUPAYIKKATTU, ULAVAIPPU P.O.,
PANAVALLY, ALAPPUZHA DISTRICT.
4 PRASOBHA,
D/O.THANKAPPAN, KIZHKKEARAKKAL, KARIKKADU P.O.,
THANNERMUKKOM, CHERTHALA.
5 PRATHAPAN,
AGED 50 YEARS,
S/O.THANKAPPAN,
VALLEPPARAMBIL, C.M.C.-XVIII, CHERTHALA.
BY ADVS.
SHRI.T.JAYAKRISHNAN
SRI.R.KRISHNAKUMAR (CHERTHALA)
M.A.C.A.No.284 of 2020
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RESPONDENT/3RD RESPONDENT IN OP(MV):
THE MANAGER, NEW INDIA INSURANCE COMPANY LIMITED,
KALAMASSERI BRANCH, ERNAKULAM-683 104.
BY ADV SHRI.SEBASTIAN VARGHESE(K/141/2000)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 30.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.284 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.284 of 2020
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Dated this the 30th day of July, 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claim petitioners in O.P.(MV) No.723/2012 on the file of the Motor Accidents Claims Tribunal, Alappuzha (the Tribunal), aggrieved by the amount of compensation granted by Award dated 14/06/2019. The sole respondent herein is the third respondent in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.
2. The claim petitioners are the children of the deceased. According to the claim petitioners, on 14/12/2010, while the deceased was walking through Cherthala-Alappuzha NH, mini lorry bearing registration No. KL-7C-3 driven by the second respondent in a rash and negligent mannner knocked him down as a result of which he sustained grievous injuries to which he succumbed. M.A.C.A.No.284 of 2020 4
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3. The first respondent/owner and the second respondent/driver remained ex parte.
4. The third respondent/insurer filed written statement admitting the policy, but denying negligence on the part of the second respondent/driver of the offending vehicle. The age, occupation and income were disputed. It was also contended that the amount claimed was excessive.
5. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A6 were marked on the side of the claim petitioners. No documentary evidence was adduced by the 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 mini lorry resulting in the incident and hence awarded an amount of ₹2,64,466/- together with interest @ 9% per annum from the date of the petition till the date of realisation along with proportionate costs. Aggrieved by the Award, the claim petitioners have come up in appeal. M.A.C.A.No.284 of 2020 5
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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 notional income of ₹3,000/- fixed by the Tribunal is quite unjust and hence the same needs to be enhanced. Per contra, it is submitted by the learned counsel for the third respondent/insurer that the deceased was 76 years old and therefore, the income fixed by the Tribunal is reasonable. In the event this Court finds that the enhancement is necessary, the income may be fixed as claimed in the petition.
9.1. In the petition, the allegation is that the deceased was earning ₹5,100/- per month. In the absence of any materials on record to show the income of the deceased, the monthly income is M.A.C.A.No.284 of 2020 6 2025:KER:56603 fixed as claimed in the petition, that is, ₹5,100/-. Loss of love and affection and loss of consortium
10. Admittedly, the claim petitioners are the children of the deceased. In the light of the dictums in Magma General Insurance Co. Ltd. v. Nanu Ram Alias Chuhru Ram, (2018) 18 SCC 130: 2018 KHC 6697, United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur, AIR 2020 SC 3076: 2023 KHC 760 and New India Assurance Co. Ltd. v. Somwati, 2020 KHC 6530 : (2020) 9 SCC 644, they are entitled to an amount of ₹40,000/- each towards compensation for loss of parental consortium. However, the Tribunal has granted only an amount of ₹40,000/-. Hence, they will be entitled to the remaining amount of ₹1,60,000/-. As per the dictum in National Insurance Company Limited v. Pranay Sethi, 2017 (5) KHC 350: (2017) 16 SCC 680, pronounced on 31/10/2017, the consortium amount has to be enhanced every three years by 10%. Hence, I find that claim petitioners 2 to 5 are entitled to an amount of ₹40,000/- with two enhancements at the rate of 10% every 3 years. Therefore, they are entitled to ₹48,400/- each (₹40,000 + 10% = M.A.C.A.No.284 of 2020 7 2025:KER:56603 ₹44,000; ₹44,000 + 10% = ₹ 48,400/-), that is, ₹48,400/- x 4 =₹1,93,600/-.
10.1. The learned counsel for the claim petitioners also drew my attention to the compensation that has been awarded under the other heads and submitted that they were low and that it needs to be enhanced. On going through the award, I find that the amount awarded under other heads are quite just and reasonable and so it does not call for any enhancement.
11. The impugned Award is modified to the following extent :
Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal Tribunal PART - I 1 Transport to ₹3,050/- ₹3,050/- ₹3,050/-
hospital (No modification)
2 Damage to ₹500/- ₹500/- ₹500/-
clothing and (No modification)
articles
3 Medical and ₹50,000/- ₹30,916/- ₹30,916/-
hospital (No modification)
expenses
4 Bystander ₹14,000/- ₹5,000/- ₹5,000/-
expenses (No modification)
5 Funeral ₹25,000/- ₹15,000/- ₹15,000/-
expenses (No modification)
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PART- II
6 Compensation ₹50,000/- ₹20,000/- ₹20,000/-
for pain and (No modification)
sufferings
7 Compensation ₹3,00,000/- ₹1,35,000/- ₹2,29,500/-
for loss of (₹5,100/-
dependency x12x5x3/4)
8 Compensation ₹1,00,000/- ₹40,000/- ₹40,000/-
for loss of love (No modification)
and affection
and loss of ₹1,93,600/-
consortium (₹48,400/- x 4)
9 Compensation ₹1,00,000/- ₹15,000/- ₹15,000/-
for loss of estate (No modification)
Total ₹6,42,550/- ₹2,64,466/- ₹5,52,566/-
(claim is
limited to
₹6,00,000/-)
In the result, the appeal is allowed by enhancing the compensation by a further amount of ₹2,88,100/- (total compensation = ₹5,52,566/-, that is, ₹2,64,466/- granted by the Tribunal + ₹2,88,100/- 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 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 M.A.C.A.No.284 of 2020 9 2025:KER:56603 judgment. On deposit of the compensation 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 ak