Kerala High Court
Ancy Abraham vs M/S.National Insurance Company Ltd on 1 July, 2025
M.A.C.A.No.1180 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
MACA NO. 1180 OF 2020
AGAINST THE AWARD DATED 17.10.2019 IN OPMV NO.858 OF
2017 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL,
PERUMBAVOOR.
APPELLANTS/PETITIONERS:
1 ANCY ABRAHAM,
AGED 57 YEARS,
W/O. LATE ABRAHAM VARGHESE,
PAYYAPPILLY HOUSE, AISWARYA NAGAR,
THAIKATTUKARA, ALUVA.
2 ALEN ABRAHAM,
AGED 27 YEARS
S/O. LATE ABRAHAM VARGHESE, PAYYAPPILLY HOUSE,
AISWARYA NAGAR, THAIKATTUKARA, ALUVA.
3 ANNA ANN ABRAHAM,
AGED 32 YEARS
D/O. LATE ABRAHAM VARGHESE, PAYYAPPILLY HOUSE,
AISWARYA NAGAR, THAIKATTUKARA, ALUVA.
BY ADV SHRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
M/S.NATIONAL INSURANCE COMPANY LTD.
1ST FLOOR, MARIA PLAZA, RAJAGIRI SERVICE ROAD,
KALAMASSERY P.O. ERNAKULAM 683 104,
REPRESENTED BY ITS MANAGER.
BY ADV SHRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.1180 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.1180 of 2020
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Dated this the 1st day of July 2025
JUDGMENT
This appeal has been filed under Section 173 of the
Motor Vehicles Act, 1988 (the Act) by the claim petitioners in
O.P.(MV) No.858/2017 on the file of the Motor Accidents Claims
Tribunal, Perumbavoor (the Tribunal), aggrieved by the amount
of compensation granted by Award dated 17/10/2019. 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 wife and children
of deceased Abraham Varghese. According to the claim
petitioners, on 29/05/2017 at about 05:00 p.m., while the deceased
was getting into a private bus bearing registration no.KL-7/BJ-
9452 driven by the second respondent at Premier Junction bus
stop, Kalamassery, the second respondent abruptly took the bus
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forward, causing him to fall down from the bus, as a result of
which he sustained grievous injuries to which he succumbed.
3. The first respondent-owner and the second
respondent-driver of the offending bus remained ex-parte.
4. The third respondent-insurer filed written
statement admitting the policy, but denying negligence on the part
of the second respondent. The amount claimed under various
heads was also disputed.
5. Before the Tribunal, no oral evidence was
adduced by either side. Exts.A1 to A7 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 bus resulting in the incident and hence awarded an
amount of ₹5,48,753/- together with interest @ 8% per annum
from the date of the petition till realisation along with
proportionate costs. Aggrieved by the Award, the claim
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petitioners have 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 head is challenged by the claim petitioners-
Notional income
It is submitted by the learned counsel for the claim
petitioners that the deceased, a 67-year-old businessman was
earning ₹25,000/- per month. However, the Tribunal fixed the
notional income at ₹9,000/-, which is quite low and hence needs
to be enhanced.
9.1. Though the allegation was that the deceased was a
businessman running a parcel service, no material was produced
to substantiate the same. However, in the light of the dictum in
Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Ltd, (2011) 13 SCC 236, the notional
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income can be fixed at ₹11,000/- per month.
10. The impugned Award is modified to the
following extent:
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
Tribunal
(in ₹) (in ₹) (in ₹)
1. Loss of 10,00,000/- 3,60,000/- 4,40,000/-
dependency (11,000/- x 12 x 5
x 2/3)
2. Expenses for 20,000/- 10,000/- 10,000/-
transport (No modification)
3. Damage to 3,000/- 1,000/- 1,000/-
clothes (No modification)
4. Funeral 30,000/- 15,000/- 15,000/-
expenses (No modification)
5. Love and 1,50,000/- 50,000/- 50,000/-
affection (No modification)
6. Pain and 50,000/- 15,000/- 15,000/-
suffering (No modification)
7. Loss of estate 1,00,000/- 15,000/- 15,000/-
(No modification)
8. Loss of 2,00,000/-
consortium
Spousal 40,000/- 40,000/-
consortium- (No modification)
Parental 40,000/- 40,000/-
consortium- (No modification)
9. Medical 10,000/- 2,753/- 2,753/-
expenses (No modification)
Total 1,56,3000/- 5,48,753/- 6,28,753/-
limited to
10,00,000/-
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In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹80,000/- (total
compensation = ₹6,28,753/- that is, ₹5,48,753/- granted by the
Tribunal + ₹80,000/- granted in appeal) with interest at the rate of
8% per annum from the date of petition till date of realization
(excluding the period of 119 days delay in filing the appeal) and
proportionate costs. The third respondent/insurance company is
directed to deposit the aforesaid amount before the Tribunal
within a period of 60 days from the date of receipt of a copy of
the judgment. On deposit of the amount, the Tribunal shall
disburse the amount to the claim petitioners at the earliest in
accordance with law after making deductions, if any.
Interlocutory applications, if any pending, shall stand
closed.
Sd/-
C.S.SUDHA
JUDGE
Jms
