Kerala High Court

Ansi E vs Rajeev on 1 July, 2025

                                                  2025:KER:47852

            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. 1293 OF 2020

        AGAINST THE AWARD DATED 30.10.2019 IN OPMV NO.850 OF

2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA

APPELLANTS/PETITIONERS:

    1      ANSI E
           AGED 33 YEARS,
           KALATHOORTHARAYIL VEEDU, NEELIKULAM,
           VAVVAKKAVU.P.O., K.S.PURAM, KOLLAM

    2      THANHA FATHIMA (MINOR)
           AGED 13 YEARS,
           KALATHOORTHARAYIL VEEDU, NEELIKULAM,
           VAVVAKKAVU.P.O., K.S.PURAM, KOLLAM

    3      ARIFA BEEVI
           AGED 60 YEARS,
           KALATHOORTHARAYIL VEEDU, NEELIKULAM,
           VAVVAKKAVU.P.O., K.S.PURAM, KOLLAM

    4      SHAMSUDHEEN
           AGED 65 YEARS,
           KALATHOORTHARAYIL VEEDU, NEELIKULAM,
           VAVVAKKAVU P.O., K.S.PURAM, KOLLAM

           SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
           SRI.A.R.DILEEP
           SRI.P.J.JOE PAUL
           SRI.MANU SRINATH


RESPONDENTS/RESPONDENTS:

    1      RAJEEV
           RAJEEV BHAVANAM, ERUVA P.O.
           KAYAMKULAM-690572
                                                 2025:KER:47852
MACA NO. 1293 OF 2020

                              2


    2      JOHN V.VARGHESE
           VARAMPATHANATHU, PERINGALA P.O.,
           KAYAMKULAM-689505

    3      THE ORIENTAL INSURANCE CO LTD,
           REPRESENTED BY ITS BRANCH MANAGER,
           BRANCH OFFICE, KAYAMKULAM-690502

           BY ADV SRI.VPK.PANICKER


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                               2025:KER:47852
MACA NO. 1293 OF 2020

                                       3




                              C.S.SUDHA, J.
              ----------------------------------------------------
                       M.A.C.A. No.1293 of 2020
              ----------------------------------------------------
                  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.850/2015 on the file of the Motor Accidents Claims Tribunal,

Mavelikara, (the Tribunal), aggrieved by the amount of

compensation granted by Award dated 30/10/2019. The

respondents herein are respondents 1 to 3 respectively in the

petition. In this appeal, the parties and the documents will be

referred to as described in the original petition.

2. According to the claim petitioners, on

02/11/2013 while the deceased was riding motorcycle bearing

registration no.KL319455 through the Kollam-Alappuzha 47 road

and when he reached near the Govt. Higher Secondary School, 2025:KER:47852 MACA NO. 1293 OF 2020

Karunagappally, car bearing registration no.KL01AA1561 driven

by the first respondent in a rash and negligent manner knocked him

down as a result of which he sustained grievous injuries to which he

succumbed. A sum of ₹40,00,000/- was claimed as compensation

under various heads.

3. The first respondent/owner-cum-driver and the

second respondent/insured remained ex parte.

4. The third respondent/insurer filed written

statement admitting the existence of a valid policy in respect of the

offending vehicle but denied negligence on the part of the first

respondent. The age, occupation and income of the deceased were

disputed. It was also contended that the compensation claimed was

quite excessive.

5. Before the Tribunal, PW1 was examined and

Exts.A1 to A16 were marked on the side of the claim petitioners.

No evidence was adduced by the third respondent/insurer.

6. The Tribunal on consideration of the oral and 2025:KER:47852 MACA NO. 1293 OF 2020

documentary evidence and after hearing both sides, found

negligence on the part of the first respondent/owner-cum-driver of

the offending vehicle resulting in the incident and hence awarded

an amount of ₹22,76,200/- together with interest @ 8% per annum

from the date of the petition till realisation along with proportionate

costs. Aggrieved by the Award, claim 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 heads are challenged by the claim petitioners -

Notional income

It is submitted by the learned counsel for the claim

petitioners that the deceased, a 32 year old electrician-cum-

plumber, was earning an amount of ₹10,000/- per month. However, 2025:KER:47852 MACA NO. 1293 OF 2020

the Tribunal fixed the notional income at ₹6,000/- and hence the

same needs to be enhanced. Per contra, it is submitted by the

learned counsel for the third respondent/insurer that the amount

fixed by the Tribunal is reasonable and no further enhancement is

required.

9.1. Though the deceased was claimed to be an

electrician-cum-plumber, no evidence was adduced to substantiate

the same. The learned counsel for the claim petitioner submitted

that the notional income may be fixed going by the dictum in

Ramachandrappa v. Manager, Royal Sundaram Alliance

Insurance Co. Ltd, (2011) 13 SCC 236. Hence, in the light of the

dictum in Ramachandrappa (Supra), the notional income of the

deceased is fixed at ₹9,000/- per month.

Loss of earnings

10. The accident took place on 02/11/2013 and the

deceased died on 15/10/2014, that is, after a period of about 11 and

a half months. Therefore, he can be granted compensation towards 2025:KER:47852 MACA NO. 1293 OF 2020

loss of earnings for a period of 11 months, which is ₹99,000/-

(9,000 x 11 months).

Bystander expenses

11. It is pointed out that though an amount of

₹1,00,000/- was claimed under this head, the Tribunal ha d granted

an amount of ₹50,000/- only. The condition of the deceased on

discharge is evident from Ext.A10 which reads thus:

"Condition at Discharge:

E4M6V4 PEARL Afebrile Vitals stable Orally taking Foley's drainage Paraplegic B/L LL weakness grade I Mobilized to site (sic) on a chair DL corset insitu Surgical wounds: Clean and healing" (Emphasis supplied)

11.1. In the light of Ext.A10, I find that an amount of

₹1,00,000/- as claimed under this head would be just and 2025:KER:47852 MACA NO. 1293 OF 2020

reasonable.

Compensation for pain and sufferings

12. It is pointed out that though an amount of

₹1,00,000/- was claimed under this head, the Tribunal ha d granted

an amount of ₹50,000/- only. As the death of the deceased occured

after 347 days, I find that an amount of ₹75,000/- under this head

would be just and reasonable.

Loss of consortium & loss of love and affection

13. Admittedly, the claim petitioners are the wife,

daughter and parents of the deceased. 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. vs 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 loss of spousal,

parental and filial consortium respectively. However, an amount of 2025:KER:47852 MACA NO. 1293 OF 2020

₹1,00,000/- alone has been granted. Therefore, they are entitled to

the remaining amount of ₹60,000/- under this head.

Deduction towards personal expenses

14. The Tribunal has found that the deceased had four

dependents, that is, the claim petitioners. That being so, the

deduction towards personal expenses from the income of the

deceased is 1/4th and not 1/3rd as deducted by the Tribunal.

Therefore, the amount that is liable to be deducted towards personal

expenses is 1/4th of the notional income of the deceased.

15. The impugned Award is modified to the following

extent:

Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal (in ₹) Tribunal(in (in ₹) ₹)

1. Loss of earnings 1,10,000/- 60,000/- 99,000/-

                                             (6,000 x 10)     (9,000 x 11)
 2.   Partial loss of              Nil           Nil              Nil
      earning                                               (No Modification)
 3.   Transport to hospital    1,00,000/-     20,000/-          20,000/-
                                                            (No Modification)
                                                              2025:KER:47852
MACA NO. 1293 OF 2020





 4.   Funeral expenses,        25,000/-        15,000/-         15,000/-
                                                            (No Modification)
      ambulance charges        30,000/-        10,000/-         10,000/-
      &                                                     (No Modification)
      medicines              12,00,000/-     8,70,000/-        8,70,000/-
                                                            (No Modification)
      bystander expenses      1,00,000/-       50,000/-        1,00,000/-
                                                            (No Modification)
      misc. expenses           30,000/-          Nil              Nil
                                                            (No Modification)
 5.   Damage to clothing       1,000/-         1,000/-           1,000/-
                                                            (No Modification)
 6.   Extra nourishment       1,00,000/-      10,000/-          10,000/-
                                                            (No Modification)
 7.   Compensation for        1,00,000/-      50,000/-          75,000/-
      pain and sufferings
 8.   Compensation for           Nil             Nil              Nil
      expectation of life                                   (No Modification)
      and prospects of the
      family
 9.   Compensation for       20,00,000/-      10,75,200/-      18,14,400/-
      loss of dependency                    [(6,000+40%)     [(9,000+40%)
                                             x12x16x2/3)      x12x16x3/4)

      loss to the estate     1,00,000/-       15,000/-          15,000/-
                                                            (No Modification)
 10. Compensation for        1,00,000/-       40,000/-         1,60,000/-
     loss of consortium                                       (40,000 x 4)
     and loss of love and    1,00,000/-       60,000/-
     affection to the
     petitioners
 11. Compensation for            Nil             Nil              Nil
     loss of care and                                       (No Modification)
     guidance to the
     minor
                                                      2025:KER:47852
MACA NO. 1293 OF 2020





     compensation for
     mental shock and
     agony
            Total        40,96,000/-   22,76,200/-     31,89,400/-
                          limited to
                         40,00,000/-

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹9,13,200/- (total

compensation ₹31,89,400/- that is, ₹22,76,200/- granted by the

Tribunal + ₹9,13,200/- 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 37 days delay in filing the appeal) and

proportionate costs. The third respondent/insurer 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.