Kerala High Court

Rajan.A.A vs Jaleel.P.K on 21 August, 2025

M.A.C.A.No.743 of 2020

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MRS. JUSTICE C.S. SUDHA

THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947

                         MACA NO. 743 OF 2020

AGAINST THE AWARD DATED 16.03.2016 IN OP(MV) NO.2591/2008

ON THE FILE OF THE MOTOR ACCIDENTS TRIBUNAL, THRISSUR.

APPELLANTS/PETITIONERS:

     1      RAJAN.A.A
            AGED 62 YEARS
            S/O. KUNJAPPU, RESIDING AT ARIPPINNI (H),
            P.O. VALAPPAD, THRISSUR DISTRICT, PIN-680 567.

     2      JAYA RAJAN
            AGED 51 YEARS,
            W/O. RAJAN, RESIDING AT ARIPPINNI (H),
            P.O. VALAPPAD, THRISSUR DISTRICT, PIN-680 567.

     3      AADITHYA (MINOR)
            AGED 15 YEARS
            D/O. RAJAN, RESIDING AT ARIPPINNI (H),
            P.O. VALAPPAD, THRISSUR DISTRICT, PIN-680 567.
            (THE MINOR 3RD APPELLANT REPRESENTED HEREIN BY
            HER GUARDIAN FATHER THE IST APPELLANT).


            BY ADVS.
            SRI.T.C.SURESH MENON
            SRI.P.S.APPU
            SRI.A.R.NIMOD


RESPONDENTS/RESPONDENTS:

     1      JALEEL.P.K
            MANAGING PARTNER, BEST GRANITES,
            KADANGODE, THIPPILLISSERY P.O.,
            THRISSUR DISTRICT, PIN-680 519.
 M.A.C.A.No.743 of 2020

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     2      SANALKUMAR
            S/O. CHANDRAN K.A.,
            RESIDING AT KANDAMPULLY (H),
            P.O. PERUMBILAVU, KADAVLLUR,
            THRISSUR DISTRICT, PIN-680 519.

     3      THE ORIENTAL INSURANCE COMPANY LIMITED,
            U BROTHERS BUILDING, KUNNAMKULAM P.O.,
            PIN-680 503,
            REPRESENTED BY ITS BRANCH MANAGER.


            BY ADV SHRI.THOMAS MATHEW NELLIMOOTTIL


      THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 21.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 M.A.C.A.No.743 of 2020

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                              C.S.SUDHA, J.
               ----------------------------------------------------
                         M.A.C.A.No.743 of 2020
               ----------------------------------------------------
                 Dated this the 21st 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.2591/2008 on the file of the Additional Motor

Accidents Claims Tribunal - IV, Thrissur (the Tribunal),

aggrieved by the amount of compensation granted by Award

dated 16/03/2016. 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. The claim petitioners are the parents and sister

of deceased minor girl, Athira. According to the claim petitioners,

on 28/10/2008 at about 05:15 p.m., while the deceased was

walking along with her friend through the Kizhakke Tippu

Sulthan road at Chooloor and when she reached near Chooloor

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Kinar bus stop, tipper lorry bearing registration no.KL-48/8072

driven by the second respondent in a rash and negligent manner

knocked her down, as a result of which she sustained grievous

injuries to which she succumbed.

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. The compensation claimed under

various heads was contended to be exorbitant.

5. Before the Tribunal, no oral evidence was

adduced by either side. Exts.A1 to A11 were marked on the side

of the claim petitioners. No documentary evidence was produced

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 vehicle resulting in the incident and hence awarded an

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amount of ₹3,41,500/- together with interest @ 7.5% 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.

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-

Notional income

It is submitted by the learned counsel for the claim

petitioner that the compensation awarded by the Tribunal under

the head "loss of prospective service and future income" as

₹2,70,000/- is against the dictum in National Insurance

Company v. K.K.Assainar, 2019 (4) KLT 39 as well as the

dictums in R.K. Mallik v. Kiran Pal, CDJ 2009 SC 1040 and

Meena Pawaia v. Ashraf Ali, 2022 ACJ 528. It is submitted

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that in the light of the dictums of the Apex Court in R.K. Mallik

and Meena Pawaia (Supra), the claim petitioners are also

entitled to compensation towards loss of future prospects. Per

contra, it is submitted by the learned counsel for the third

respondent/insurer that in the light of the recent Apex Court

decision in Thangavel v. The Managing Director, Tamil Nadu

State Transport Corporation Ltd., Civil Appeal No.3595/2024

dated 08/08/2025, no future prospects can be granted. He also

refers to the dictum in K.K.Assainar (Supra) where no future

prospects was granted.

9.1. In the light of the dictum in K.K.Assainar

(Supra), the annual income of the deceased is liable to be fixed at

₹50,000/-. The question whether any amount is required to be

added towards future prospects while computing compensation

was considered by the learned Single Judge of this Court in

K.K.Assainar (Supra) in paragraph nos. 16 and 17 of the

judgment. I respectfully concur with the findings of the learned

Single Judge on the said aspect and hence I find that future

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prospects cannot be granted. Therefore, the amount to which the

claim petitioners are entitled to is ₹5,00,000/-, that is, ₹50,000/- x

15 x 2/3.

Funeral expenses

10. An amount of ₹10,000/- was claimed. The

Tribunal granted an amount of ₹10,000/-. However, as per settled

precedents, it is ₹15,000/- to which the claim petitioners are

entitled to. Therefore, ₹15,000/- is awarded under the head

funeral expenses.

Pain and sufferings

11. An amount of ₹15,000/- was claimed. However,

no amount is seen granted. Therefore, in the facts and

circumstances of the case, I find that an amount of ₹15,000/- as

claimed can be awarded.

Loss of estate

12. No amount is seen granted by the Tribunal

under this head. Therefore, they are entitled to an amount of

₹15,000/-. As no amount had been granted by the Tribunal under

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this head, in the light of the dictum in National Insurance

Company Limited v. Pranay Sethi, 2017 (5) KHC 350: (2017)

16 SCC 680 (Supra) they are entitled to enhancement of 10%

each on the expiry of every three years. Therefore, the claim

petitioners are entitled to ₹18,150/- towards loss of estate.

[₹15,000/- x 10% = 16,500/-, 16,500/- x 10% = ₹18,150/-].

Loss of love and affection

13. An amount of ₹30,000/- was claimed. The

Tribunal granted an amount of ₹60,000/- under this head.

Admittedly, the claim petitioners are the parents and sibling of the

deceased. Therefore, 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, the parents are entitled to

an amount of ₹40,000/- each towards loss of filial consortium. It

is well settled that when compensation is awarded under the head

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loss of love and affection, no further amount can be granted for

loss of consortium. However, the third claim petitioner is the

sibling, to whom an amount of ₹40,000/- towards loss of love and

affection can be granted. Therefore, the claim petitioners are

entitled to an amount of ₹1,20,000/- under this head. An amount

of ₹60,000/- has already been granted by the tribunal. Hence they

are entitled to the balance amount of ₹60,000/-.

14. The impugned Award is modified to the

following extent:

Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal Tribunal (in ₹) (in ₹) (in ₹)

1. Transport to 2,000/- 1,000/- 1,000/-

           hospital                                      (No modification)

2.        Damage to           500/-          500/-            500/-
          clothings                                      (No modification)

3.          Funeral          10,000/-       10,000/-        15,000/-
           expenses                                         (10,000/- +
                                                              5,000/-)
4.         Pain and          15,000/-         Nil           15,000/-
          sufferings




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5.    Compensation for     2,50,000/-   2,70,000/-       5,00,000/-
            loss of                                    (50,000/- x 15 x
         prospective                                         2/3)
      service and future
           income

6.     Loss of love and    30,000/-     60,000/-         1,20,000/-
          affection                                      (60,000/- +
                                                          60,000/-)
7.       Loss of estate    25,000/-        Nil            18,150/-
             Total         3,32,500/-   3,41,500/-       6,69,650/-

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹3,28,150/- (total

compensation = ₹6,69,650/- that is, ₹3,41,500/- granted by the

Tribunal + ₹3,28,150/- 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 1251 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.