Kerala High Court
The United India Insurance Co- Ltd vs Prameela T.K on 3 February, 2025
MACA NOs. 1096 OF 2013 & 2246 of 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
MACA NO. 1096 OF 2013
AGAINST THE AWARD DATED 31.07.2012 IN OPMV NO.958 OF 2011 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA
APPELLANT/3RD RESPONDENT :-
THE UNITED INDIA INSURANCE CO- LTD
BRANCH OFFICE, VADAKARA, P.O. VADAKARA,PIN:673 101,
REPRESENTED BY OFFICE OF THE REGIONAL MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
HOSPITAL ROAD, ERNAKULAM.
BY ADV SMT.DEEPA GEORGE
RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 2 IN THE O.P :-
1 PRAMEELA T.K, AGED 38 YEARS
D/O KUNHIKKANNAN, MURIYANKULANGARA HOUSE,
THURUTHIYAD P.O., PIN:673 612.
2 MIDHUN, AGED 15 YEARS
S/O PRAMEELA, MURIYANKULANGARA HOUSE,
THURUTHIYAD P.O., PIN:673 612.
(BY HIS MOTHER AND GUARDIAN FIRST PETITIONER).
3 LAKSHMI, AGED 73 YEARS
W/O KUNHIKKANNAN P.K., MURIYANKULANGARA HOUSE,
THURUTHIYAD P.O., PIN:673 612.
4 THE PRESIDENT
URALUNGAL LABOUR CONTRACT CO.OP.SOCIETY, P.O.,
MACA NOs. 1096 OF 2013 & 2246 of 2017
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MADAPPALLY COLLEGE, KOZHIKODE DISTRICT,
PIN:673 102.
5 M.K.GOPALAN, AGED 52 YEARS
S/O CHEKKOTTY, MANAPPURATH HOUSE, KUNIYIL P.O.,
ORAKKATTERY, KOZHIKKODE DISTRICT, PIN:673 501.
BY ADV K.V.RASHMI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 03.02.2025, ALONG WITH MACA.2246/2017, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
MACA NOs. 1096 OF 2013 & 2246 of 2017
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2025:KER:9075
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
MACA NO. 2246 OF 2017
AGAINST THE AWARD DATED 31.07.2012 IN OPMV NO.958 OF 2011 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA
APPELLANTS/CLAIMANTS :-
1 PRAMEELA T.K, AGED 44 YEARS
D/O.KUNHIKKANNAN
2 MIDHUN, S/O.PRAMEELA,AGED 21 YEARS,
3 LAKSHMI
W/O.KUNHIKANNAN,AGED 79 YEARS,
ALL RESIDING AT MURIYANKULANGARA
HOUSE,THURUTHIYAD,PIN-673612.
BY ADV SMT.K.V.RESHMI
RESPONDENTS/RESPONDENTS :-
1 THE PRESIDENT,
URALUNGAL LABOUR CONTRACT CO OP. SOCIETY
P.O.MADAPPALLY COLLEGE, KOZHIKODE, PIN-673102.
2 M.K.GOPALAN, S/O.CHEKKOTTY,
AGED 58 YEARS, MANAPPURATH
HOUSE,KUNIYIL,P.O.ORAKETTARY,
MACA NOs. 1096 OF 2013 & 2246 of 2017
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KOZHIKODE DISTRICT,PIN-673501.
3 UNITED INDIA INSURANCE CO.LTD
BRANCH OFFICE,VADAKARA,P.O.VADAKARA,PIN-
673101,REPRESENTED BY ITS MANAGER.
BY ADV DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 03.02.2025, ALONG WITH MACA.1096/2013, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
MACA NOs. 1096 OF 2013 & 2246 of 2017
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COMMON JUDGMENT
The petitioners in OP(MV) No.958/2011 on the file of the Motor
Accidents Claims Tribunal, Vatakara, are the appellants in MACA No.2246 of
2017. The 3rd respondent in the O.P, is the appellant in MACA No.1096 of
2013. (For the purpose of convenience, the parties are hereafter referred to as
per their rank before the Tribunal)
2. The petitioners are the wife, minor child and mother of the
deceased by name Chandran P.K, who died in a motor vehicle accident that
occurred on 09.07.2005. According to them, on 09.07.2005, at about 10.00 am,
when the deceased was travelling in a motorcycle, he was hit down by a lorry
bearing Registration No.KL-11-M-3524 driven by the 2 nd respondent in a rash
and negligent manner. As a result of which, he fell down and sustained serious
injuries and he succumbed to the injuries on the same day.
3. The 1st respondent is the owner and the 3rd respondent is the
insurer of the offending vehilce. According to the them, the accident occurred
due to the negligence of the driver of the offending vehicle. Therefore, they
filed the OP claiming a compensation of Rs.10,89,000/-, limited to
Rs.10,00,000/-.
MACA NOs. 1096 OF 2013 & 2246 of 2017
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4. The 3rd respondent/insurer filed a written statement, admitting
the policy and disputing the negligence on the part of the driver of the
offending vehicle. It was further contended that the accident occurred due to
the negligence of the deceased.
5. The evidence in the case consists of the documentary evidence
Exts.A1 to A7. No evidence was adduced by the respondents.
6. After evaluating the evidence on record, the Tribunal awarded a
total compensation of Rs.6,79,500/-.
7. Aggrieved by the quantum of compensation awarded by the
Tribunal, the petitioners as well as the 3rd respondent preferred these appeals.
8. Now the point that arises for consideration is the following:
Whether the quantum of compensation awarded by the Tribunal is just
and reasonable.
9. Heard Smt.Rashmi K.V, the learned Counsel appearing for the
claimants, and Smt.Deepa George, the learned Standing Counsel for the 3rd
respondent.
10. The Point: In this case the accident as well as valid policy of the
offending vehicle are admitted. One of the contentions raised by the learned
counsel for the petitioners is regarding the income of the deceased as fixed by
MACA NOs. 1096 OF 2013 & 2246 of 2017
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the Tribunal. According to them, the deceased was a pensioner as a Havildar of
Indian Army and was getting a pension of Rs.4,800/- per month, but the
Tribunal fixed his monthly income at Rs.4,000/-.
11. Since he could not prove his job or income as claimed in the
OP, in the light of a dictum laid down in the decision of the Hon'ble Supreme
Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance
Co. Ltd. [2011 (13) SCC 236], his notional income is liable to be fixed as that
of a coolie, at Rs.5,000/-.
12. On the date of accident, the deceased was aged 41 years.
Therefore, 25 % of the monthly income is liable to be added towards future
prospects, as held in the decision in National Insurance Co.Ltd v Pranay
Sethi [(2017) 16 SCC 680] and the multiplier to be applied is 14, as held in
Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121. Since the
deceased was married who left behind 3 dependents, towards personal and
living expense, 1/3 of the income is liable to be deducted, as held in Sarla
Verma (supra). In the above circumstances, the loss of dependency will come
to Rs.700000/-.
13. The Tribunal has awarded Rs.3,000/- towards funeral expenses,
Rs.5,000/- towards loss of estate, Rs.20,000/- towards loss of consortium and
MACA NOs. 1096 OF 2013 & 2246 of 2017
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Rs.15,000/- towards love and affection. In the light of the decision in Pranay
Sethi (supra), the appellants are entitled to get a consolidated sum of
Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, and
each dependent is entitled to get a sum of Rs.40,000/- towards loss of
consortium, with an increase of 10% in every three years. Therefore, towards
loss of estate and funeral expense they are entitled to get a sum of Rs.18,150/-
each. Towards loss of consortium, the petitioners together are entitled to get a
sum of Rs.1,45,200/- (48,400 x 3).
14. Since compensation for loss of consortium was given, further
compensation for love and affection cannot be granted, in view of the decision
in New India Assurance Company Ltd. v. Somwati and Others, [(2020)9
SCC 644]. Therefore, the compensation awarded towards love and affection is
to be deducted.
15. The Tribunal has awarded Rs.10,000/- towards pain and
suffering. Considering the entire facts, I hold that the compensation for the
head pain and suffering awarded is on the lower side, and hence it is enhanced
to Rs.25,000/-.
16. No change is required, in the amounts awarded on other heads,
as the compensation awarded on those heads appears to be just and reasonable.
MACA NOs. 1096 OF 2013 & 2246 of 2017
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17. Therefore, the petitioners/ appellants are entitled to get a total
compensation of Rs.9,09,000/- as modified and recalculated above and given
in the table below, for easy reference.
Sl.
No. Head of Claim Amount awarded by Amount Awarded in
Tribunal (in Rs.) Appeal
(in Rs.)
1 Loss of dependency 624000 700000
2 Transportation 2000 2000
3 Funeral expenses 3000 18150
articles
5 Pain and suffering 10000 25000
6 Loss of estate 5000 18150
7 Loss of consortium 20000 1,45,200
8 Loss of love and affection 15000 Nil
Total 6,79,500 909000
Enhanced 229500
18. In the result, these Appeals are disposed of directing the 3rd
respondent to deposit a total sum of Rs.9,09,000/- (Rupees
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Nine Lakhs Nine Thousand Only), less the amount already deposited, if any,
along with interest @ 8% per annum, from the date of the petition till
realisation/deposit, excluding interest for a period of 1687 days, the period of
delay in filing the appeal, with proportionate costs, within a period of two
months from today.
19. On depositing the aforesaid amount, the Tribunal shall disburse
the entire amount to the petitioners, in the ratio fixed by the Tribunal,
excluding court fee payable, if any, without delay, as per rules.
Sd/-
SMA C. PRATHEEP KUMAR,
JUDGE
MACA NOs. 1096 OF 2013 & 2246 of 2017
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RESPONDENT ANNEXURES :-
Annexure A A TRUE COPY OF THE APPLICATION, ALONG
WITH THE DOCUMENTS PRODUCED IN THE
APPLICATION DATED 9.12.2022,
