Kerala High Court
Ansi E vs Rajeev on 1 July, 2025
2025:KER:47852
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
MACA NO. 1293 OF 2020
AGAINST THE AWARD DATED 30.10.2019 IN OPMV NO.850 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA
APPELLANTS/PETITIONERS:
1 ANSI E
AGED 33 YEARS,
KALATHOORTHARAYIL VEEDU, NEELIKULAM,
VAVVAKKAVU.P.O., K.S.PURAM, KOLLAM
2 THANHA FATHIMA (MINOR)
AGED 13 YEARS,
KALATHOORTHARAYIL VEEDU, NEELIKULAM,
VAVVAKKAVU.P.O., K.S.PURAM, KOLLAM
3 ARIFA BEEVI
AGED 60 YEARS,
KALATHOORTHARAYIL VEEDU, NEELIKULAM,
VAVVAKKAVU.P.O., K.S.PURAM, KOLLAM
4 SHAMSUDHEEN
AGED 65 YEARS,
KALATHOORTHARAYIL VEEDU, NEELIKULAM,
VAVVAKKAVU P.O., K.S.PURAM, KOLLAM
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
RESPONDENTS/RESPONDENTS:
1 RAJEEV
RAJEEV BHAVANAM, ERUVA P.O.
KAYAMKULAM-690572
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MACA NO. 1293 OF 2020
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2 JOHN V.VARGHESE
VARAMPATHANATHU, PERINGALA P.O.,
KAYAMKULAM-689505
3 THE ORIENTAL INSURANCE CO LTD,
REPRESENTED BY ITS BRANCH MANAGER,
BRANCH OFFICE, KAYAMKULAM-690502
BY ADV SRI.VPK.PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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C.S.SUDHA, J.
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M.A.C.A. No.1293 of 2020
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Dated this the 1st day of July 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.850/2015 on the file of the Motor Accidents Claims Tribunal, Mavelikara, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 30/10/2019. The respondents herein are respondents 1 to 3 respectively 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 petitioners, on 02/11/2013 while the deceased was riding motorcycle bearing registration no.KL319455 through the Kollam-Alappuzha 47 road and when he reached near the Govt. Higher Secondary School, 2025:KER:47852 MACA NO. 1293 OF 2020 4 Karunagappally, car bearing registration no.KL01AA1561 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 ₹40,00,000/- was claimed as compensation under various heads.
3. The first respondent/owner-cum-driver and the second respondent/insured remained ex parte.
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 first respondent. The age, occupation and income of the deceased were disputed. It was also contended that the compensation claimed was quite excessive.
5. Before the Tribunal, PW1 was examined and Exts.A1 to A16 were marked on the side of the claim petitioners. No evidence was adduced by the third respondent/insurer.
6. The Tribunal on consideration of the oral and 2025:KER:47852 MACA NO. 1293 OF 2020 5 documentary evidence and after hearing both sides, found 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 ₹22,76,200/- together with interest @ 8% per annum from the date of the petition till realisation along with proportionate costs. Aggrieved by the Award, 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 are challenged by the claim petitioners - Notional income It is submitted by the learned counsel for the claim petitioners that the deceased, a 32 year old electrician-cum- plumber, was earning an amount of ₹10,000/- per month. However, 2025:KER:47852 MACA NO. 1293 OF 2020 6 the Tribunal fixed the notional income at ₹6,000/- and hence the same needs to be enhanced. Per contra, it is submitted by the learned counsel for the third respondent/insurer that the amount fixed by the Tribunal is reasonable and no further enhancement is required.
9.1. Though the deceased was claimed to be an electrician-cum-plumber, no evidence was adduced to substantiate the same. The learned counsel for the claim petitioner submitted that the notional income may be fixed going by the dictum in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd, (2011) 13 SCC 236. Hence, in the light of the dictum in Ramachandrappa (Supra), the notional income of the deceased is fixed at ₹9,000/- per month. Loss of earnings
10. The accident took place on 02/11/2013 and the deceased died on 15/10/2014, that is, after a period of about 11 and a half months. Therefore, he can be granted compensation towards 2025:KER:47852 MACA NO. 1293 OF 2020 7 loss of earnings for a period of 11 months, which is ₹99,000/- (9,000 x 11 months).
Bystander expenses
11. It is pointed out that though an amount of ₹1,00,000/- was claimed under this head, the Tribunal ha d granted an amount of ₹50,000/- only. The condition of the deceased on discharge is evident from Ext.A10 which reads thus:
"Condition at Discharge:
E4M6V4 PEARL Afebrile Vitals stable Orally taking Foley's drainage Paraplegic B/L LL weakness grade I Mobilized to site (sic) on a chair DL corset insitu Surgical wounds: Clean and healing" (Emphasis supplied) 11.1. In the light of Ext.A10, I find that an amount of ₹1,00,000/- as claimed under this head would be just and 2025:KER:47852 MACA NO. 1293 OF 2020 8 reasonable.
Compensation for pain and sufferings
12. It is pointed out that though an amount of ₹1,00,000/- was claimed under this head, the Tribunal ha d granted an amount of ₹50,000/- only. As the death of the deceased occured after 347 days, I find that an amount of ₹75,000/- under this head would be just and reasonable.
Loss of consortium & loss of love and affection
13. Admittedly, the claim petitioners are the wife, daughter and parents of the deceased. Going by 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. vs 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 loss of spousal, parental and filial consortium respectively. However, an amount of 2025:KER:47852 MACA NO. 1293 OF 2020 9 ₹1,00,000/- alone has been granted. Therefore, they are entitled to the remaining amount of ₹60,000/- under this head. Deduction towards personal expenses
14. The Tribunal has found that the deceased had four dependents, that is, the claim petitioners. That being so, the deduction towards personal expenses from the income of the deceased is 1/4th and not 1/3rd as deducted by the Tribunal. Therefore, the amount that is liable to be deducted towards personal expenses is 1/4th of the notional income of the deceased.
15. 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 1,10,000/- 60,000/- 99,000/-
(6,000 x 10) (9,000 x 11)
2. Partial loss of Nil Nil Nil
earning (No Modification)
3. Transport to hospital 1,00,000/- 20,000/- 20,000/-
(No Modification)
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4. Funeral expenses, 25,000/- 15,000/- 15,000/-
(No Modification)
ambulance charges 30,000/- 10,000/- 10,000/-
& (No Modification)
medicines 12,00,000/- 8,70,000/- 8,70,000/-
(No Modification)
bystander expenses 1,00,000/- 50,000/- 1,00,000/-
(No Modification)
misc. expenses 30,000/- Nil Nil
(No Modification)
5. Damage to clothing 1,000/- 1,000/- 1,000/-
(No Modification)
6. Extra nourishment 1,00,000/- 10,000/- 10,000/-
(No Modification)
7. Compensation for 1,00,000/- 50,000/- 75,000/-
pain and sufferings
8. Compensation for Nil Nil Nil
expectation of life (No Modification)
and prospects of the
family
9. Compensation for 20,00,000/- 10,75,200/- 18,14,400/-
loss of dependency [(6,000+40%) [(9,000+40%)
x12x16x2/3) x12x16x3/4)
loss to the estate 1,00,000/- 15,000/- 15,000/-
(No Modification)
10. Compensation for 1,00,000/- 40,000/- 1,60,000/-
loss of consortium (40,000 x 4)
and loss of love and 1,00,000/- 60,000/-
affection to the
petitioners
11. Compensation for Nil Nil Nil
loss of care and (No Modification)
guidance to the
minor
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compensation for
mental shock and
agony
Total 40,96,000/- 22,76,200/- 31,89,400/-
limited to
40,00,000/-
In the result, the appeal is allowed by enhancing the compensation by a further amount of ₹9,13,200/- (total compensation ₹31,89,400/- that is, ₹22,76,200/- granted by the Tribunal + ₹9,13,200/- 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 37 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 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.
2025:KER:47852 MACA NO. 1293 OF 2020 12 Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA JUDGE NP