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Kerala High Court
Veerankutty .K.K vs National Insurance Company Limited on 6 December, 2025
2025:KER:95390
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
SATURDAY, THE 6TH DAY OF DECEMBER 2025 / 15TH AGRAHAYANA,
1947
MACA NO. 4077 OF 2016
AGAINST THE AWARD DATED 08.03.2016 IN OPMV NO.247
OF 2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM
APPELLANT/ PETITIONER:
VEERANKUTTY .K.K
AGED 60 YEARS, S/O LATE UNNI, THACHAPPILLI
PARAMBU, KOOTHAPPADY, THAMMANAM P.O. KOCHI-32
ERNAKULAM DIST.
BY ADVS.
SRI.ANIL S.RAJ
SMT.ANILA PETER
SRI.G.ARUN GOPAN
SMT.K.N.RAJANI
SMT.RADHIKA RAJASEKHARAN P.
SHRI.S.SUDHEESH
RESPONDENTS/ RESPONDENT NO.2:
NATIONAL INSURANCE COMPANY LIMITED
DIVISIONAL OFFICE, AJAY VIHAR, M.G. ROAD,
MACA NO. 4077 OF 2016
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2025:KER:95390
ERNAKULAM, COCHIN-16
BY ADV SMT.DEEPA GEORGE, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 06.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.247
of 2013 on the file of the Motor Accidents Claims Tribunal,
Ernakulam, dissatisfied with the quantum of compensation
awarded by the tribunal. The respondent herein is the 2nd
respondent before the tribunal.
2. The case of the claimant is that on 01.12.2012,
while he was travelling as a pillion rider on a motorcycle
bearing Reg. No. KL-07/BG-605, driven by the first
respondent in a rash and negligent manner. The motorcycle
hit a pedestrian and as a result of the accident, the claimant
also fell down and sustained grievous injuries. The claimant
approached the tribunal claiming a total compensation of
₹14,79,000/- limited to ₹10,00,000/-.
3. The first respondent/owner cum driver offending
vehicle and remained ex parte before the tribunal. The
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second respondent- insurance company filed a written
statement admitting the insurance policy but disputing the
quantum of compensation claimed. Before the tribunal,
Exts.A1 to A8 and Ext.C1 were marked. The Tribunal, after
analysing the pleadings and materials on record, awarded a
compensation of ₹6,13,750/- under different heads with
interest @9% per annum from the date of petition till
realization, against the 2nd respondent being the insurer.
Dissatisfied with the quantum of compensation awarded by
the tribunal, the claimant has come up in appeal.
4. Heard the learned Counsel for the appellant and the
learned Standing Counsel for the respondent insurer.
5. The appellant has filed this appeal challenging
compensation under the following heads:-
Notional income :- The learned counsel for the
appellant submitted that the tribunal had taken an amount of
₹10,000/- as the monthly income of the deceased. T he
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accident occured in the year 2012 and I do not find any
reason to interfere with the income fixed by the tribunal.
Permanent disability:- The learned counsel for the
appellant submitted that Ext.C1 disability was issued by the
Medical Board of Medical College Hospital, Kottayam
wherein, the permanent disability was assessed as 23%.
However, the tribunal has reduced the percentage of
disability to 12%. In Ext.C1 certificate, the total disability
assessed is 23%, and it is stated that he is having
Neurological issues as well as surgical issues. The injuries
noted include memory impairment and post-traumatic
epilepsy which has to be treated as a whole-body disability.
Accordingly, I find that the functional disability assessed as
per Ext.C1 has to be taken and the functional disability is
refixed at 23%. Following the judgments of the apex court in
National Insurance Co. Ltd. v. Pranay Sethi & Ors [2017
(4) KLT 662 (SC)] and Sarla Verma v. Delhi Transport
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Corporation [2010(2) KLT 802(SC)], the compensation
payable under the head is recalculated thus: ₹2,48,400/-
(10,000 x 12 x 9 x 23%) as the total compensation payable
towards loss of dependency. The tribunal has awarded an
amount of ₹1,29,600/- under the head loss of dependency.
Thus, there will be an additional amount of ₹1,18,800/-
under the afore head.
Loss of amenities :- Though an amount of ₹1,00,000/-
was claimed, the tribunal had taken only an amount of
₹15,000/- towards loss of amenities. Considering the loss of
enjoyment in life, and having 23% disability, I find it
appropriate to award a total amount of ₹40,000/- under the
head loss of amenities. Since the tribunal has awarded only
an amount of ₹15,000/- under the afore head, there will be an
additional amount of ₹25,000/- under the head loss of
amenities.
6. Though the appellant claimed enhancement of
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compensation under the other heads, on a perusal of the
records available, I am not inclined to interfere with the
compensation awarded by the Tribunal under other heads
since it appears to be just and reasonable. Since the appeal is
of the year 2016, I find it reasonable to fix the interest @ 7%
per annum on the enhanced amount.
7. Thus, the impugned award of the Tribunal is
modified as follows:-
Sl.
N Head of Claim Amount Amount Modified Total
o claimed awarded in appeal compensati
by the on
Tribunal
1 Loss of earnings 20,000 1,20,000 Not 1,20,000
modified
2 Transport to hospital 15,000 8,000 Not 8,000
and back to home modified
3 Extra nourishment 25,000 10,000 Not 10,000
modified
4 Damage to clothes 3,000 3,000 Not 3,000
and articles modified
5 Attendant expenses 20,000 10,250 Not 10,250
modified
6 Medical expenses 3,00,000 2,12,900 Not 2,12,900
modified
7 Compensation for 1,00,000 80,000 Not 80,000
pain and sufferings modified
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8 Compensation for 2,00,000 1,29,600 1,18,800 2,48,400
continuing and
permanent/ partial
disability/
9 Compensation for 5,00,000 Nil Nil Nil
loss of earning
power
10 Compensation for 1,00,000 25,000 Not 25,000
future treatment modified
11 Compensation for 1,00,000 15,000 25,000 40,000
loss of amenities and
enjoyment in life
12 Compensation for 96,000 Nil Nil Nil
loss of future loss of
earnings for one
year
TOTAL 14,79,000 6,13,750 1,43,800 7,57,550
limited to
10,00,000
Accordingly, the appeal is allowed in part and the
appellant is awarded an additional compensation of
₹1,43,800/- (Rupees One lakh forty three thousand and
eight hundred only) over and above the compensation
awarded by the tribunal with interest @7% per annum from
the date of petition till realization and proportionate costs.
The respondent insurer shall deposit the said amount
together with interest and costs within a period of two
months from the date of receipt of a certified copy of this
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judgment. The appellant shall furnish copies of the PAN
Card, AADHAAR Card and bank details before the
respondent insurer within a period of one month so as to
enable the insurance company to make the deposit as
ordered above. In case of failure to furnish details as above,
it shall be open for the insurance company to deposit the said
amount before the tribunal. Upon such deposit being made,
the entire amount shall be disbursed to the appellant at the
earliest in accordance with law. However, it is made clear
that the enhanced compensation will not carry interest for
the period of delay 182 days in filing the appeal.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SRJ
