Kerala High Court
The New India Assurance Co.Ltd vs Ramya Udayan on 15 July, 2025
M.A.C.A.No.162 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
MACA NO. 162 OF 2020
AGAINST THE AWARD DATED 29.07.2019 IN OP(MV)NO.2666 OF
2017 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS
TRIBUNAL, ERNAKULAM.
APPELLANT/2ND RESPONDENT:
THE NEW INDIA ASSURANCE CO.LTD.,
REGIONAL OFFICE, KANDAMKULATHY TOWERS,
OPPOSITE COLLEGE GROUND, M.G. ROAD,
ERNAKULAM, COCHIN - 682 011.
REPRESENTED BY ITS ASSISTANT MANAGER,
REGIONAL OFFICE, M.G. ROAD, ERNAKULAM.
BY ADVS.
SRI.GEORGE CHERIAN (SR.)
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
RESPONDENTS/CLAIMANTS:
1 RAMYA UDAYAN,
AGED 33 YEARS,
D/O. LATE UDAYAKUMAR, MAKKORAM HOUSE, CO-OPERATIVE
ROAD, K.D. PLOT P.O., SOUTH KALAMASSERY- 683 104.
2 SOUMYA UDAYAN,
AGED 30 YEARS,
D/O. LATE UDAYAKUMAR, RESIDING AT MAKKORAM HOSE,
CO-OPERATIVE ROAD, K.D PLOT P.O.,
SOUTH KALAMASSERY, PIN - 683 104.
3 MADHAVI RAGHAVAN,
AGED 78 YEARS,
M.A.C.A.No.162 of 2020
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W/O. LATE RAGHAVAN,
RESIDING AT MAKKORAM HOSUE,
CO-OPERATIVE ROAD, K.D. PLOT P.O.,
SOUTH KALAMASSERY, PIN - 683 104.
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.162 of 2020
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C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A.No.162 of 2020
----------------------------------------------------
Dated this the 15th day of July, 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act,
1988 (the Act) has been filed by the second respondent/insurer in O.P.
(MV) No.2666/2017 on the file of the Additional Motor Accidents
Claims Tribunal, Ernakulam (the Tribunal), aggrieved by the Award
dated 29/07/2019. The respondents herein are the claim petitioners 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 children and mother of
the deceased. According to the claim petitioners, on 10/09/2017 at
about 06:45 p.m., while the deceased was riding his scooter bearing
registration No. KL-7/BZ-9216 through Kalamassery University road,
motorcycle bearing registration No. KL-23/N-1499 ridden by the first
respondent in a rash and negligent manner knocked him down as a
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result of which he sustained grievous injuries, to which he succumbed.
An amount of ₹25,00,000/- was claimed as compensation under
various heads.
3. The first respondent/rider filed written statement
denying negligence on his part. The age, job, income, nature of
injuries etc. were disputed.
4. The second respondent/insurer filed written statement
admitting the policy, but denying negligence on the part of the first
respondent/rider. The age, job, income, amount claimed etc. were
disputed.
5. Before the Tribunal, PW1 was examined and
Exts.A1 to A7 were marked on the side of the claim petitioners. No
oral or documentary evidence was adduced by the respondents.
6. The Tribunal on consideration of the oral and
documentary evidence and after hearing both sides, found negligence
on the part of the first respondent/rider of the offending vehicle
resulting in the incident and hence awarded an amount of ₹26,13,460/-
together with interest @ 8% per annum from the date of the petition till
the date of realisation along with proportionate costs. Aggrieved by the
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Award, the second respondent/insurer has 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 second respondent/insurer -
Compensation for loss of consortium
It is submitted by the learned counsel for the second
respondent/insurer that the claim petitioners who are the daughters and
mother of the deceased were entitled to an amount of ₹1,20,000/-, that
is, at the rate of ₹40,000/- each towards loss of parental and filial
consortium. However, the Tribunal granted an amount of ₹1,80,000/-
under the head loss of parental, filial and loss of love and affection,
which is wrong and hence needs to be interfered with.
9.1. 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
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India Assurance Co. Ltd. v. Somwati, 2020 KHC 6530 : (2020) 9
SCC 644, the children and the mother are entitled to compensation
towards loss of parental and filial consortium respectively at the rate of
₹40,000/- each. Admittedly, the claim petitioners are the two
daughters and mother of the deceased. Therefore, the maximum
amount to which they were entitled towards loss of parental
consortium and filial consortium was ₹1,20,000/-. The Tribunal has
awarded an amount of ₹60,000/- towards parental consortium ;
₹30,000/- to the third claim petitioner towards loss of filial consortium
and ₹90,000/-, that is, at the rate of ₹30,000/- each to the claim
petitioners 1 to 3 towards loss of love and affection. It is well settled
that when compensation towards loss of consortium is granted a further
amount under loss of love and affection cannot be granted. Claim
petitioners 1 and 2, the daughters are entitled to an amount of
₹40,000/- each towards loss of parental consortium. Therefore, they
would be entitled to the balance amount of ₹20,000/-. An amount of
₹30,000/- was granted to the 3rd claim petitioner towards loss of filial
consortium. Therefore, she would be entitled to the balance amount of
₹10,000/-. An amount of ₹90,000/- paid towards loss of love and
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affection shall stand deducted.
Compensation for shock, pain and sufferings
10. An amount of ₹1,00,000/- was claimed. The Tribunal
granted an amount of ₹30,000/-. It is submitted by the learned counsel
for the second respondent/insurer relying on the dictum of a Division
Bench of this Court in Jyni v. Raphel P.T., 2016 (2) KHC 870 that
the amount awarded is on the higher side and so it needs to be
appropriately brought down in the light of the aforesaid dictum. Per
contra, it is submitted by the learned counsel for the claim petitioners
that in the light of the dictum Pushkar Mehra v. Brijmohan
Kushwaha, 2015 KHC 4889 : (2015) 12 SCC 688 where death was
instantaneous, the Apex Court granted an amount of ₹25,000/-. It is
submitted by the learned counsel for the second respondent/insurer that
the said case was an appeal filed by the claimant and the amount that
was granted by the Tribunal was not interfered with by the Apex court
as there was no appeal by the insurer in the said case. In the case on
hand, the situation is different because the second respondent/insurer
has come up in appeal and is challenging the amount awarded based on
Jyni (Supra).
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10.1. Going by the dictum in Jyni (Supra) the amount that
can be awarded under this head ranges from ₹10,000/- to ₹15,000/-.
Taking into account the facts and circumstances of the case, I find that
an amount of ₹15,000/- can be awarded under 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
Tribunal
1 Parental -- ₹60,000/- ₹80,000/-
consortium
(₹40,000/- each to
claim petitioners 1
& 2)
2 Filial -- ₹30,000/- ₹40,000/-
consortium
3 Loss of estate ₹1,00,000/- ₹15,000/- ₹15,000/-
(No modification)
4 Transport to ₹15,000/- ₹10,000/- ₹10,000/-
hospital (No modification)
5 Damage to ₹12,000/- -- --
clothing (No modification)
6 Compensation ₹5,00,000/- ₹90,000/- Deducted
for love and
affection
7 Funeral ₹25,000/- ₹15,000/- ₹15,000/-
expenses (No modification)
8 Treatment ₹60,000/- -- --
expenses (No modification)
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9 Compensation ₹34,84,800/- ₹23,63,460/- ₹23,63,460/-
for loss of (No modification)
dependency
10 Compensation ₹1,00,000/- ₹30,000/- ₹15,000/-
for shock, pain
and sufferings
11 Compensation ₹2,00,000/- -- --
for short (No modification)
expectation of
life
12 Compensation ₹5,00,000/- -- -
for mental (No modification)
agony and shock
Total ₹49,96,800/- ₹26,13,460/- ₹25,38,460/-
Claim is
limited to
₹25,00,000/-
In the result, the appeal is allowed by deducting the
compensation awarded by an amount of ₹75,000/- (total compensation
= ₹25,38,460/-, that is, ₹26,13,460/- granted by the Tribunal minus
₹75,000/- deducted in appeal).
Interlocutory applications, if any pending, shall stand closed.
SD/-
C.S.SUDHA
JUDGE
ak
