Kerala High Court

Prasannakumari vs The Manager, New India Insurance ... on 30 July, 2025

M.A.C.A.No.284 of 2020
                                           1

                                                                2025:KER:56603

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MRS. JUSTICE C.S. SUDHA

    WEDNESDAY, THE 30TH DAY OF JULY 2025 / 8TH SRAVANA, 1947

                              MACA NO. 284 OF 2020

           AGAINST THE AWARD DATED 14.06.2019 IN OP(MV)NO.723 OF

2012       ON   THE   FILE   OF   THE   MOTOR     ACCIDENTS   CLAIMS   TRIBUNAL,

ALAPPUZHA.

APPELLANTS/PETITIONERS:

       1        PRASANNAKUMARI,
                AGED 63 YEARS,
                D/O.THANKAPPAN, PANAMPUDAVELI, CHARAMANGALAM,
                MUHAMMA, ALAPPUZHA DISTRICT.

       2        SATHYAPRASAD,
                AGED 60 YEARS,
                S/O.THANKAPPAN, PUTHANTHOTTUNGAL, CHERTHALA,
                ALAPPUZHA DISTRICT.

       3        PRADEEPAKUMARI,
                AGED 56 YEARS,
                D/O.THANKAPPAN, KOCHUPAYIKKATTU, ULAVAIPPU P.O.,
                PANAVALLY, ALAPPUZHA DISTRICT.

       4        PRASOBHA,
                D/O.THANKAPPAN, KIZHKKEARAKKAL, KARIKKADU P.O.,
                THANNERMUKKOM, CHERTHALA.

       5        PRATHAPAN,
                AGED 50 YEARS,
                S/O.THANKAPPAN,
                VALLEPPARAMBIL, C.M.C.-XVIII, CHERTHALA.


                BY ADVS.
                SHRI.T.JAYAKRISHNAN
                SRI.R.KRISHNAKUMAR (CHERTHALA)
 M.A.C.A.No.284 of 2020
                                  2

                                                    2025:KER:56603




RESPONDENT/3RD RESPONDENT IN OP(MV):

              THE MANAGER, NEW INDIA INSURANCE COMPANY LIMITED,
              KALAMASSERI BRANCH, ERNAKULAM-683 104.


              BY ADV SHRI.SEBASTIAN VARGHESE(K/141/2000)


       THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 30.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 M.A.C.A.No.284 of 2020
                                         3

                                                                 2025:KER:56603




                                C.S.SUDHA, J.
                ----------------------------------------------------
                          M.A.C.A.No.284 of 2020
                ----------------------------------------------------
                   Dated this the 30th day of July, 2025

                               JUDGMENT

This appeal under Section 173 of the Motor Vehicles Act,

1988 (the Act) has been filed by the claim petitioners in O.P.(MV)

No.723/2012 on the file of the Motor Accidents Claims Tribunal,

Alappuzha (the Tribunal), aggrieved by the amount of compensation

granted by Award dated 14/06/2019. The sole respondent herein is

the third respondent 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 of the

deceased. According to the claim petitioners, on 14/12/2010, while

the deceased was walking through Cherthala-Alappuzha NH, mini

lorry bearing registration No. KL-7C-3 driven by the second

respondent in a rash and negligent mannner knocked him down as a

result of which he sustained grievous injuries to which he succumbed.

2025:KER:56603

3. The first respondent/owner and the second

respondent/driver remained ex parte.

4. The third respondent/insurer filed written statement

admitting the policy, but denying negligence on the part of the second

respondent/driver of the offending vehicle. The age, occupation and

income were disputed. It was also contended that the amount claimed

was excessive.

5. Before the Tribunal, no oral evidence was adduced

by either side. Exts.A1 to A6 were marked on the side of the claim

petitioners. No documentary evidence was adduced by the

respondents.

6. The Tribunal on consideration of the documentary

evidence and after hearing both sides, found negligence on the part of

the second respondent/driver of the offending mini lorry resulting in

the incident and hence awarded an amount of ₹2,64,466/- together

with interest @ 9% per annum from the date of the petition till the

date of realisation along with proportionate costs. Aggrieved by the

Award, the claim petitioners have come up in appeal.

2025:KER:56603

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 ₹3,000/- fixed by the Tribunal

is quite unjust and hence the same needs to be enhanced. Per contra,

it is submitted by the learned counsel for the third respondent/insurer

that the deceased was 76 years old and therefore, the income fixed by

the Tribunal is reasonable. In the event this Court finds that the

enhancement is necessary, the income may be fixed as claimed in the

petition.

9.1. In the petition, the allegation is that the deceased

was earning ₹5,100/- per month. In the absence of any materials on

record to show the income of the deceased, the monthly income is

2025:KER:56603

fixed as claimed in the petition, that is, ₹5,100/-.

Loss of love and affection and loss of consortium

10. Admittedly, the claim petitioners are the children

of the deceased. In the light of 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 compensation for loss of parental consortium. However,

the Tribunal has granted only an amount of ₹40,000/-. Hence, they

will be entitled to the remaining amount of ₹1,60,000/-. As per the

dictum in National Insurance Company Limited v. Pranay Sethi,

2017 (5) KHC 350: (2017) 16 SCC 680, pronounced on 31/10/2017,

the consortium amount has to be enhanced every three years by 10%.

Hence, I find that claim petitioners 2 to 5 are entitled to an amount of

₹40,000/- with two enhancements at the rate of 10% every 3 years.

Therefore, they are entitled to ₹48,400/- each (₹40,000 + 10% =

2025:KER:56603

₹44,000; ₹44,000 + 10% = ₹ 48,400/-), that is, ₹48,400/- x 4

=₹1,93,600/-.

10.1. The learned counsel for the claim petitioners also

drew my attention to the compensation that has been awarded under

the other heads and submitted that they were low and that it needs to

be enhanced. On going through the award, I find that the amount

awarded under other heads are quite just and reasonable and so it

does not call for any enhancement.

11. The impugned Award is modified to the following

extent :

Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal Tribunal PART - I 1 Transport to ₹3,050/- ₹3,050/- ₹3,050/-

           hospital                                        (No modification)
    2      Damage to            ₹500/-          ₹500/-          ₹500/-
           clothing and                                    (No modification)
           articles
    3      Medical and         ₹50,000/-       ₹30,916/-       ₹30,916/-
           hospital                                        (No modification)
           expenses
    4      Bystander           ₹14,000/-       ₹5,000/-        ₹5,000/-
           expenses                                        (No modification)
    5      Funeral             ₹25,000/-       ₹15,000/-       ₹15,000/-
           expenses                                        (No modification)



                                                            2025:KER:56603



                                    PART- II
    6    Compensation         ₹50,000/-        ₹20,000/-       ₹20,000/-
         for pain and                                      (No modification)
         sufferings
    7    Compensation         ₹3,00,000/-    ₹1,35,000/-      ₹2,29,500/-
         for loss of                                           (₹5,100/-
         dependency                                           x12x5x3/4)
    8    Compensation         ₹1,00,000/-      ₹40,000/-       ₹40,000/-
         for loss of love                                  (No modification)
         and affection
         and loss of                                          ₹1,93,600/-
         consortium                                         (₹48,400/- x 4)
    9    Compensation         ₹1,00,000/-      ₹15,000/-       ₹15,000/-
         for loss of estate                                (No modification)

         Total                ₹6,42,550/-    ₹2,64,466/-      ₹5,52,566/-
                                (claim is
                               limited to
                              ₹6,00,000/-)

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹2,88,100/- (total compensation

= ₹5,52,566/-, that is, ₹2,64,466/- granted by the Tribunal +

₹2,88,100/- granted in appeal) with interest at the rate of 8% per

annum from the date of petition till date of realization and

proportionate costs. The third respondent/insurer is directed to

deposit the compensation with interest and costs before the Tribunal

within a period of 60 days from the date of receipt of a copy of the

2025:KER:56603

judgment. On deposit of the compensation amount, the Tribunal shall

disburse the amount to the claim petitioners at the earliest in

accordance with law after making deductions, if any.