Kerala High Court
Indira @ Indira Devi vs United India Insurance Co.Ltd on 20 January, 2025
2025:KER:4213
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 20TH DAY OF JANUARY 2025 / 30TH POUSHA, 1946
MACA NO. 2643 OF 2016
AGAINST THE AWARD DATED 19.12.2015 IN OPMV NO.531 OF
2015 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONERS & 4TH RESPONDSENT :-
1 INDIRA @ INDIRA DEVI, AGED 56 YEARS
W/O. (LATE) RADHAKRISHNAN,
2 DIVYA K. RADHAKRISHNAN, AGED 30 YEARS
D/O. (LATE) RADHAKRISHNAN,
3 NEETHU RADHAKRISHNAN, AGED 26 YEARS
D/O. (LATE) RADHAKRISHNAN
RESIDING AT KOTHALIYIL HOUSE, SREEPURAM,
PAVANGAD,KOZHIKODE.
4 SREEDEVI AMMA, AGED 87 YEARS
W/O. KAMARAN NAIR (LATE), 87 YEARS,
KOTHALIYIL HOUSE, SREEPURAM, POST PUTHIYANGADI,
PAVANGAD, KOZHIKODE.
BY ADV SRI.AVM.SALAHUDIN
RESPONDENT/3RD RESPONDENT :-
UNITED INDIA INSURANCE CO.LTD.
CHEROOTTY ROAD, NEAR CH FLY OVER,
KOZHIKODE PIN- 673 001.
BY ADV S.JAYASREE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 20.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2643 OF 2016
2
2025:KER:4213
JUDGMENT
The petitioners 1 to 3 and the 4th respondent in O.P.(MV)
No.531/2015 on the file of the Principal Motor Accidents Claims Tribunal,
Kozhikode, are the appellants. The petitioners are the wife, children and
mother of the deceased Radhakrishnan who died in the motor vehicle accident
that occurred on 02.12.2014.
2. According to the petitioners, on 02.12.2014 at about 02.00 pm,
while the deceased was riding a motorcycle bearing Registration No.KL-11-
AQ-7492 from Kunnamangalam to Puthiyangadi, a car bearing Registration
No.KL-11-AK-3348, owned by the 1st respondent and driven by the 2nd
respondent in a rash and negligent manner, hit on the motorcycle. As a result
of which, he fell down and sustained serious injuries and he succumbed to the
injuries on 07.12.2014.
3. The 3rd respondent is the insurer of the offending vehicle and the
4th respondent is the mother of the deceased. According to the claimants, the
accident occurred due to the negligence of the driver of the offending vehicle.
Therefore, they filed the Original Petition.
4. Before the Tribunal, 4th respondent remained ex parte. The 3rd
MACA NO. 2643 OF 2016
2025:KER:4213
respondent filed the written statement and admitted the accident as well as
valid insurance policy. The evidence in the case consists of documentary
evidence of Exts.A1 to A4. No evidence was adduced by the respondents.
5. After evaluating the evidence on record, the Tribunal awarded a
total compensation of Rs.6,74,800/-.
6. Dissatisfied with the quantum of compensation awarded by the
Tribunal, the petitioners along with the 4th respondent preferred this appeal.
7. Now the point that arises for consideration is the following:
Whether the quantum of compensation awarded by the Tribunal is
just and reasonable?
8. Heard Sri.A.V.M.Salahuddeen, the learned counsel appearing for
the appellants, and Smt.S.Jayasree, learned Standing Counsel for the 3rd
respondent.
9. One of the contentions raised by the learned counsel for the
petitioners is that the notional income of the deceased fixed by the Tribunal at
Rs.5,000/- is too meager. According to the petitioners, the deceased was doing
business and earning Rs.12,000/- per month. However, they could not prove
the above claim made in the claim petition. Therefore, by relying upon the
dictum laid down by the Supreme Court in Ramachandrappa v. Royal
Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], the
MACA NO. 2643 OF 2016
2025:KER:4213
notional income of the deceased is liable to be fixed at Rs.9,500/-.
10. Since the deceased was aged 62 years, there is no scope for any
addition towards future prospects and the multiplier to be applied is 7. Since he
had four dependents, ¼ of the income is liable to be deducted towards personal
and living expenses. Therefore, the loss of dependency will come to
Rs.5,98,500/-.
11. The Tribunal has awarded Rs.25,000/- towards funeral expenses,
Rs.1,00,000/- towards loss of consortium, Rs.25,000/- towards loss of estate
and Rs.2,00,000/- towards love and affection. As per the dictum laid down by
the Hon'ble Supreme Court in National Insurance Co.Ltd v Pranay Sethi
[(2017) 16 SCC 680], the petitioners are entitled to get a sum of Rs.15,000/-
towards loss of estate, Rs.15,000/- towards funeral expenses, and Rs.40,000/-
each towards loss of consortium, with an increase of 10% for every three
years. In the above circumstances, they are entitled to get a sum of Rs.18,150/-
towards loss of estate, Rs.18,150/- towards funeral expenses and Rs.1,93,600/-
towards loss of consortium (48,400x4).
12. Since compensation for loss of consortium was given, further
amount 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 above sum of Rs.2,00,000/- given towards love and
MACA NO. 2643 OF 2016
2025:KER:4213
affection is to be deducted. Similarly, excess compensation awarded on the
head funeral expense, loss of estate and loss of consortium will be modified
accordingly.
13. No amount is seen awarded towards the head 'pain and
sufferings'. Considering the fact, I hold that an amount of Rs.25,000/- can be
awarded on the head pain and sufferings.
14. No change is required, in the amounts awarded on other heads,
as the compensation awarded on those heads appears to be just and reasonable.
15. Therefore, the petitioners/appellants are entitled to get a total
compensation of Rs.8,63,200/-, as modified and recalculated above and given
in the table below, for easy reference.
Sl. No. Head of claim Amount awarded by The amount given
the Tribunal(Rs) in appeal (Rs.)
1 Transport to hospital 5,000 5,000
2 Hospitalization for 6 days 4800 4800
3 Funeral expenses 25,000 18,150
4 Loss of love and affection 2,00,000 Nil
5 Loss of estate 25,000 18,150
6 Loss of consortium 1,00,000 1,93,600
7 Loss of dependency 3,15,000 5,98,500
MACA NO. 2643 OF 2016
2025:KER:4213
8 Pain and suffering Nil 25,000
Total 6,74,800 8,63,200
Amount reduced/enhanced 1,88,400
16. In the result, this Appeal is allowed in part, and the 3rd
respondent is directed to deposit a total compensation of Rs.8,63,200/- (Rupees
Eight Lakh Sixty Three Thousand Two Hundred Only), less the amount
already deposited, if any, along with interest @ 9% per annum (8% alone for
the enhanced amount), from the date of the petition till realisation, with
proportionate costs, within a period of two months from today.
17. 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 and as per rules.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
SMA
