Kerala High Court

Thilaka Raj vs M.K.Purushothaman on 22 August, 2025

                                                     2025:KER:63790
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MRS. JUSTICE C.S. SUDHA

  FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947

                          MACA NO. 603 OF 2020

           AGAINST THE AWARD DATED 25.05.2019 IN OPMV NO.1041 OF

2012       OF   ADDITIONAL   MOTOR     ACCIDENT   CLAIMS   TRIBUNAL-II,

ALAPPUZHA.

APPELLANT/PETITIONER:

       1        THILAKA RAJ
                AGED 50 YEARS, S/O.LATE VASUDEVAN,
                KIZHAKKE VELIYIL HOUSE, MUHAMMA P.O.,
                MUHAMMA P/W-6, ALAPPUZHA DISTRICT, KERALA STATE -
                688 525. (FATHER OF DECEASED SRUTHI RAJ K.T.)

       2        LALITHA
                AGED 47 YEARS, W/O.THILAKA RAJ, RESIDING AT
                KIZHAKKE VELIYIL HOUSE, MUHAMMA P.O.,
                MUHAMMA P/W-6, ALAPPUZHA DISTRICT, KERALA STATE -
                688 525, (MOTHER OF DECEASED SRUTHI RAJ K.T.).

       3        SREELAKSHMI(MINOR)
                AGED 17 YEARS, D/O.THILAKARAJ, RESIDING AT KIZHAKKE
                VELIYIL HOUSE, MUHAMMA P.O., MUHAMMA P/W-6,
                ALAPPUZHA DISTRICT, KERALA STATE - 688 525.
                (3RD APPLICANT IS A MINOR REPRESENTED BY HER FATHER
                AND LEGAL GUARDIAN THE 1ST APPLICANT, THILAKA RAJ).

                SRI.A.T.ANILKUMAR
                SMT.V.SHYLAJA


RESPONDENTS/RESPONDENTS:

       1        M.K.PURUSHOTHAMAN
                AGE NOT KNOWN TO THE APPELLANT,
                S/O.LATE KOCHU NARAYANAN, MANGALATHU HOUSE,
                VARANAM P.O. PUTHENANGADI, THANNEERMUKKOM P/W-XI,
                CHERTHALA TALUK, ALAPPUZHA DISTRICT,
                KERALA STATE, PIN -688 555.
                                                 2025:KER:63790
MACA NO. 603 OF 2020

                               2


     2     SANU M.P.
           AGE NOT KNOWN TO THE APPELLANT,
           S/O. PURUSHOTHAMAN, MANGALATHU HOUSE,
           VARANAM P.O., PUTHENANGADI,THANNEERMUKKOM P/W -XI,
           CHERTHALA TALUK, ALAPPUZHA DISTRICT,
           KERALA STATE, PIN - 688 555.

     3     ICICI LOMBARD GENERAL INSURANCE CO.LTD.
           REP. BY ITS GENERAL MANAGER, ICICI LOMBARD HOUSE
           NO.414, VEER SAVARKAR MARG, NEAR SIDDI VINAYAK
           TEMPLE, PRABHA DEVI, MUMBAI -400025.

           BY ADV SRI.P.JACOB MATHEW


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 22.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                               2025:KER:63790
MACA NO. 603 OF 2020

                                       3



                              C.S.SUDHA, J.
              ----------------------------------------------------
                        M.A.C.A. No.603 of 2020
              ----------------------------------------------------
                 Dated this the 22nd 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.1041/2012 on the file of the Additional Motor Accidents Claims

Tribunal-II, Alappuzha, (the Tribunal), aggrieved by the amount of

compensation granted by Award dated 25/05/2019. The respondents

herein are respondents 1 to 3 respectively 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 21/02/2012

at 08:20 a.m. while the deceased was travelling in tempo traveller

bearing registration no.KL 32/1467 driven by the second respondent

through Wagamon-Erattupetta road and when she reached the place

by name Vellikulam, due to the rash and negligent driving of the 2025:KER:63790 MACA NO. 603 OF 2020

latter, the vehicle lost control and fell into a gorge, as a result of

which she sustained grievous injuries to which she succumbed. A

sum of ₹20,00,000/- was claimed as compensation under various

heads.

3. The first respondent/owner and the second

respondent/driver of the offending vehicle filed written statement

denying negligence on the part of the latter.

4. The third respondent/insurer filed written

statement admitting the existence of a valid policy in respect of the

offending vehicle, but denied liability. The age, occupation and

income of the deceased were disputed.

5. Before the Tribunal, no oral evidence was adduced

by either side. Exts.A68 to A72, A83 & A84 were marked on the

side of the claim petitioners. No documentary evidence was

produced by the third respondent/insurer.

6. The Tribunal on consideration of the documentary

evidence and after hearing both sides, found negligence on the part 2025:KER:63790 MACA NO. 603 OF 2020

of the second respondent/driver of the offending vehicle resulting in

the incident and hence awarded an amount of ₹3,95,000/- together

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 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 the deceased fixed as

₹3,000/- by the Tribunal is quite low in the light of the dictum in

National Insurance Company Ltd. v. K.K.Assainar, 2019 KHC 685.

9.1. Going by the dictum in K.K.Assainar (Supra), the 2025:KER:63790 MACA NO. 603 OF 2020

annual income of the deceased is fixed at ₹67,000/-.

Loss of consortium

10. Admittedly, claim petitioners 1 and 2 are the 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. 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 loss of

filial consortium. As no amount had been granted by the Tribunal

under this head, they are also entitled to enhancements at the rate of

10% every 3 years. Therefore, claim petitioners 1 and 2 will be

entitled to ₹48,400/- each. (₹40,000 + 10% = ₹ 44,000; ₹ 44,000 +

10% = ₹ 48,400/-).

Loss of love and affection

11. As the third claim petitioner is the sibling of the

deceased, I find that an amount of ₹40,000/- can be granted under 2025:KER:63790 MACA NO. 603 OF 2020

this head.

11. 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 dependency 17,28,000/- 3,60,000/- 6,70,000/-

[3,000 x 12 x [67,000 x 15 x 2/3] 15 x 2/3]

2. Loss of expectation in 3,00,000/- Nil Nil life & loss of future (No Modification) prosperity of deceased

3. Transport to hospital 10,000/- 5,000/- 5,000/-

(No Modification)

4. Funeral expenses 30,000/- 15,000/- 15,000/-

(No Modification)

5. Pain and sufferings 60,000/- Nil Nil (No Modification)

6. Loss of love and 1,00,000/- Nil 40,000/-

affection (claim petitioner no.3)

7. Loss of estate - 15,000/- 15,000/-

(No Modification)

8. Loss of consortium - Nil 96,800/-

      (claim petitioners 1                                     (48,400 x 2)
      and 2)
                Total           22,28,000/-    3,95,000/-        8,41,800/-
                                 limited to
                                20,00,000/-
                                                       2025:KER:63790
MACA NO. 603 OF 2020

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹4,46,800/- (total

compensation ₹8,41,800/- that is, ₹3,95,000/- granted by the

Tribunal + ₹4,46,800/- 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 231 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.