Kerala High Court
Valsala T vs United India Insurance Company Ltd on 12 August, 2025
2025:KER:60606
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
MACA NO. 342 OF 2020
AGAINST THE AWARD DATED 31.01.2019 IN OPMV NO.310 OF
2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , PALAKKAD
APPELLANTS/PETITIONERS:
1 VALSALA T.
AGED 45 YEARS
W/O.LATE KRISHNANKUTTY,
PALAKKAL HOUSE, THRIKADEERI.P.O,
MANGODE, PALAKKAD DISTRICT-679503
2 USHA @ NAYAPULLY USHA,
AGED 35 YEARS, D/O. LATE KRISHNANKUTTY,
W/O.NAYAPULLY NARAYANAUNNI, NAYAPULLY,
UNGINTHARA, VEERAMANGALAM, THRIKKADEERI.P.O,
PALAKKAD DISTRICT-679503
3 RAVIKUMAR P
AGED 33 YEARS
S/O. LATE KRISHNANKUTTY,
PALAKKAL HOUSE, THRIKADEERI.P.O,
MANGODE, PALAKKAD DISTRICT-679503
4 GAYATHRI KRISHNA(MINOR)
AGED 12 YEARS
S/O.LATE KRISHNANKUTTY, PALAKKAL HOUSE,
THRIKADEERI.P.O, MANGODE, PALAKKAD DISTRICT-679503
REP BY 1ST APPELLANT MOTHER AND GUARDIAN
VALSAL T-1ST APPELLATE IS THE WIFE AND 2ND, 3RD
AND 4TH APPELLANTS ARE CHILDREN OF DECEASED
KRISHNANKUTTY
BY ADV SRI.BABY MATHEW
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2
RESPONDENT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD.
REP BY ITS BRANCH MANAGER, P B MO 12,
D BLOCK, 1ST FLOOR, PAZERY PLAZA, KODATHIPADI,
MANNARKKAD-678582
WITH COMMUNICATION ADDRESS AT
UNITED INIDA INSURANCE CO LTD, DIVISIONAL OFFICE,
3RD FLOOR, MALABAR FORT COMPLEX, KANDATH COMPLEX,
OFF-G B ROAD, PALAKKAD.P.O, 678003
INSURER OF TRIPPER LOTTY KL-16 H-355,
POLICY NO.101205311P108448275 VALID FROM
20.10.2015 TO 21.10.2016
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 12.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 342 OF 2020
3
C.S.SUDHA, J.
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M.A.C.A. No.342 of 2020
----------------------------------------------------
Dated this the 12th day of August 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.310/2017 on the file of the Motor Accidents Claims Tribunal,
Palakkad, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 31/01/2019. The sole respondent herein is
the third 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 03/07/2016
at about 06:30 a.m. while the deceased was riding his scooter,
tipper lorry bearing registration no.KL-16H-355 driven by the
second respondent in a rash and negligent manner knocked him
down, as a result of which he sustained grievous injuries to which
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he succumbed.
3. The first respondent/owner and the second
respondent/driver of the offending vehicle filed joint written
statement denying negligence on the part of the latter. The age,
occupation and income of the deceased were disputed. It was also
contended that the compensation claimed was quite excessive.
4. The third respondent/insurer filed written
statement admitting the existence of a valid policy in respect of the
offending vehicle.
5. Before the Tribunal, no oral evidence was
adduced by either side. Exts.A1 to A17 were marked on the side of
the claim petitioners and Ext.B1 was marked on the side of the third
respondent/insurer.
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 vehicle resulting in
the incident and hence awarded an amount of ₹7, 47,000/- together
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with interest @ 9% 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 head is challenged by the claim petitioners -
Loss of consortium & loss of love and affection
Admittedly, the claim petitioners are the wife and three
children 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. 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
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₹40,000/- each towards loss of spousal and parental consortium
respectively. The Tribunal has granted an amount of ₹40,000/-
towards loss of consortium and an amount of ₹1,00,000/- towards
loss of love and affection. It is well settled that when loss of
consortium is awarded, no further amount can be awarded for loss
of love and affection. The claim petitioners, four in number, are
entitled to a total amount of ₹1,60,000/-, out of which an amount of
₹1,40,000/-, including the amount of ₹1,00,000/- under the wrong
head of love and affection, has been granted. Therefore, I find that
they are entitled to the balance amount of ₹20,000/- towards loss of
consortium.
10. The impugned Award is modified to the following
extent:
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded appeal
(in ₹) by (in ₹)
Tribunal
(in ₹)
1. Transport to 10,000/- 2,000/- 2,000/-
hospital (No Modification)
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2. Funeral expenses 25,000/- 15,000/- 15,000/-
(No Modification)
3. Compensation for 1,00,000/- 15,000/- 15,000/-
loss of estate (No Modification)
4. Loss of consortium 1,00,000/- 40,000/- 1,60,000/-
(40,000 x 4))
5. Compensation for 25,000/- 15,000/- 15,000/-
pain and suffering (No Modification)
6. Loss of love and 2,00,000/- 1,00,000/- Deducted
affection
7. Compensation for 20,00,000/- 5,60,000/- 5,60,000/-
loss of dependency (No Modification)
Total 7,47,000/- 7,67,000/-
In the result, the appeal is partly allowed by enhancing the
compensation by a further amount of ₹20,000/- (total
compensation ₹7,67,000/- that is, ₹7,47,000/- granted by the
Tribunal + ₹20,000/- 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 296 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
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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
