Kerala High Court
The Divisional Manager, The New India ... vs Sreekumar on 15 July, 2025
2025:KER:50812
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. 305 OF 2020
AGAINST THE AWARD DATED 12.11.2019 IN OPMV NO.777 OF
2013 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-III,
THIRUVANANTHAPURAM
APPELLANT/3RD RESPONDENT:
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LTD,
3RD PARTY CLAIMS HUB, PANAMUKHAM BUILDING,
GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM,
REPRESENTED BY ASSISTANT MANAGER
BY ADV SRI.LAL K.JOSEPH
RESPONDENTS/PETITIONERS 1ST AND 2ND RESPONDENTS:
1 CHANDRAN
S/O. KURUMBAN, F/O. DECEASED SHYJU,
RESIDING AT KUTTALATH VEEDU, 7/239, AKG COLONY,
THYKKATTUKARA P.O., KALAMASSERY,PIN-683 104
2 GIGI
M/O. DECEASED SHYJU, RESIDING AT KUTTALATH VEEDU,
7/239, AKG COLONY, THYKKATTUKARA P.O.,
KALAMASSERY, PIN-683 104
3 SHEEJA
SISTER OF DECEASED SHYJU, RESIDING AT KUTTALATH
VEEDU, 7/239,AKG COLONY, THYKKATTUKARA P.O.,
KALAMASSERY,PIN-683 104
4 SHINI
SISTER OF DECEASED SHYJU, RESIDING AT KUTTALATH
VEEDU, 7/239,AKG COLONY,THYKKATTUKARA P.O.,
KALAMASSERY,PIN-683 104
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5 SHEENA
SISTER OF DECEASED SHYJU, RESIDING AT KUTTALATH
VEEDU, 7/239,AKG COLONY,THYKKATTUKARA P.O.,
KALAMASSERY,PIN-683 104
6 SAJAY KUMAR,
KARTHIKA , KARINGANOOR P.O., OYOOR,
KOTTARAKARA,KOLLAM,PIN-691 510 (OWNER)
7 SHAFEEK SAINUDEEN
S/O. SAINUDEEN, DARUSSALAM, PALLINADA, SREEKARYAM
P.O., THIRUVANANTHAPURAM,PIN-695 017 (DRIVER)
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 08.07.2025, ALONG WITH MACA.2303/2020, 346/2020
AND CONNECTED CASES, THE COURT ON 15.07.2025 DELIVERED THE
FOLLOWING:
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MACA NO.305/2020 and con. cases
3
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. 346 OF 2020
AGAINST THE AWARD DATED 12.11.2019 IN OPMV NO.632 OF
2013 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-III,
THIRUVANANTHAPURAM
APPELLANT/3RD RESPONDENT:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LIMITED, MOTOR 3RD
PARTY CLAIMS HUB, PANAMUKHAM BUILDING, GOVERNMENT
PRESS ROAD, THIRUVANANTHAPURAM, (THE MANAGER, THE
NEW INDIA ASSURANCE CO-LTD., K.G.BUILDING, SOUTH
OF CENTRAL JUNCTION, M.C.ROAD, ADOOR) (INSURER OF
THE TOURIST BUS, POLICE NO.76090331120100003377)
BY ADV SRI.LAL K.JOSEPH
RESPONDENTS/PETITIONERS 1ST AND 2ND RESPONDENTS:
1 G.RAJU
S/O.GOVINDA, F/O.DECEASED VIGNESH.R, HAILING FROM
(9/58), BHARGAVATHI MANDIRAM 9, SASTHAMANGALAM,
THIRUVANANTHAPURAM, NOW RESIDING AT BHARGAVATHI
MANDIRAM, S.S.KOVIL LANE, TC 9/58, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN-695003.
2 THARA,
M/O.DECEASED VIGNESH.R, HAILING FROM (9/58),
BHARGAVATHI MANDIRAM 9, SASTHAMANGALAM,
THIRUVANANTHAPURAM, NOW RESIDING AT BHARGAVATHI
MANDIRAM, S.S.KOVIL LANE, TC 9/58, KOWDIAR P.O,
THIRUVANANTHAPURAM, PIN-695003.
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3 VYSAKH.R.,
BROTHER OF DECEASED VIGNESH.R, HAILING FROM
(9/58), BHARGAVATHI MANDIRAM 9, SASTHAMANGALAM,
THIRUVANANTHAPURAM, NOW RESIDING AT BHARGAVATHI
MANDIRAM, S.S.KOVIL LANE, TC 9/58, KOWDIAR P.O,
THIRUVANANTHAPURAM, PIN-695003.
4 SAJAY KUMAR,
KARTHIKA, KARINGANOOR P.O., OYOOR, KOTTARAKARA,
KOLLAM, PIN-691510 (OWNER).
5 SHAFEEK SAINUDEEN,
S/O.SAINUDEEN, DARUSSALAM, PALLINADA, SREEKARYAM
P.O., THIRUVANANTHAPURAM, PIN-695017 (DRIVER).
BY ADVS.
SRI.R.T.PRADEEP
SRI.SAIJO HASSAN
SHRI.RAFEEK. V.K.
SMT.P.PARVATHY
SMT.SURYA P SHAJI
SMT.AATHIRA SUNNY
SHRI.GAUTHAM MOHAN H.
SRI.BENOJ C AUGUSTIN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 08.07.2025, ALONG WITH MACA.305/2020 AND
CONNECTED CASES, THE COURT ON 15.07.2025 DELIVERED THE
FOLLOWING:
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MACA NO.305/2020 and con. cases
5
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. 380 OF 2020
AGAINST THE AWARD DATED 12.11.2019 IN OPMV NO.635 OF
2013 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-III,
THIRUVANANTHAPURAM
APPELLANT/3RD RESPONDENT:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LTD, 3RD PARTY
CLAIMS HUB, PANAMUKHAN BUILDING,
GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM,
REPRESENTED BY ASSISTANT MANAGER
BY ADV SRI.LAL K.JOSEPH
RESPONDENTS/PETITIONERS 1ST AND 2ND RESPONDENTS:
1 SREEKUMAR
S/O.VELUKUTTY, F/O. DECEASED HEMAND G.S.,362
(2/260), SREEMANGALAM, VISWAPURAM, PERAYAM P.O.,
THIRUVANANTHAPURAM, PIN-695 562
2 GEETHA
M/O. DECEASED HEMAND G.S.,362 (2/260),
SREEMANGALAM, VISWAPURAM, PERAYAM P.O.,
THIRUVANANTHAPURAM, PIN-695 562
3 GREESHMA G.S.
SISTER OF DECEASED HEMAND G.S.,362 (2/260),
SREEMANGALAM, VISWAPURAM, PERAYAM P.O.,
THIRUVANANTHAPURAM, PIN-695 562
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6
4 SAJAY KUMAR
KARTHIKA, KARINGANOOR P.O, OYOOR, KOTTARAKARA,
KOLLAM,PIN-691 510 (OWNER)
5 SHAFEEK SAINUDEEN
S/O. SAINUDEEN, DARUSSALAM, PALLINADA, SREEKARYAM
P.O., THIRUVANANTHAPURAM, PIN-695 017 (OWNER)
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 08.07.2025, ALONG WITH MACA.305/2020 AND
CONNECTED CASES, THE COURT ON 15.07.2025 DELIVERED THE
FOLLOWING:
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7
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. 2303 OF 2020
AGAINST THE AWARD DATED 12.11.2019 IN OPMV NO.698 OF
2013 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-III,
THIRUVANANTHAPURAM
APPELLANT/3RD RESPONDENT:
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LIMITED,
3RD PARTY CLAIMS HUB, PANAMUKHAM BUILDING,
GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM,
REPRESENTED BY ASSISTANT MANAGER.
BY ADV SRI.LAL K.JOSEPH
RESPONDENTS/PETITIONERS 1ST AND 2ND RESPONDENTS:
1 A.J.PAUL
S/O. JOHN, F/O. DECEASED JITHIN @ JITHIN JOHN PAUL,
MAZHAVITTU, T.C. 11/445(1), DBRA-38(B), NANTHANCODE,
KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
2 MARY EDNA PAUL,
D/O. JOHN, F/O. DECEASED JITHIN @ JITHIN JOHN PAUL,
MAZHAVITTU, T.C. 11/445(1), DBRA-38(B), NANTHANCODE,
KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
3 JEESHMA MARY PAUL,
SISTER OF DECEASED JITHIN @ JITHIN JOHN PAUL,
MAZHAVITTU, T.C. 11/445(1), DBRA-38(B), NANTHANCODE,
KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
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4 JIBIN EMMANUEL PAUL (MINOR),
REPRESENTED BY HIS FATHER AJ PAUL, MAZHAVITTU, T.C.
11/445(1), DBRA-38(B), NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695003.
5 SAJAY KUMAR,
KARTHIKA, KARINGANOOR P.O., OYOOR, KOTTARKKARA,
KOLLAM-691510 (OWNER)
6 SHAFEEK SAINUDEEN,
S/O. SAINUDEEN, DARUSSALAM, PALLINADA, SREEKARYAM
P.O., THIRUVANANTHAPURAM-695017 (DRIVER).
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 08.07.2025, ALONG WITH MACA.305/2020 AND
CONNECTED CASES, THE COURT ON 15.07.2025 DELIVERED THE
FOLLOWING:
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MACA NO.305/2020 and con. cases
9
C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A. Nos.305, 346, 380 & 2303 of 2020
----------------------------------------------------
Dated this the 15th day of July 2025
JUDGMENT
These appeals have been filed under Section 173 of the Motor
Vehicles Act, 1988 (the Act) by the third respondent/insurer in O.P.
(MV) Nos.777, 632, 635 & 698 of 2013 on the file of the
Additional Motor Accidents Claims Tribunal-III,
Thiruvananthapuram, (the Tribunal), aggrieved by the amount of
compensation granted by the common Award dated 12/11/2019.
The respondents in these appeals are the respective claim
petitioners and respondents 1 and 2 in the petitions. In these
appeals, the parties and the documents will be referred to as
described in the original petitions.
2. According to the claim petitioners, namely, the legal
representatives of the deceased students, on 25/03/2013, while the
deceased were travelling in bus bearing registration no.KL26A5006
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to Munnar, and when they reached the place of occurrence, the bus
capsized due to the rash and negligent driving of the second
respondent/driver as a result of which they sustained grievous
injuries to which they succumbed.
3. The first respondent/owner of the offending vehicle filed
written statement contending that the vehicle was having a valid
insurance policy and that the second respondent/driver was having
a valid licence.
4. The second respondent/driver remained ex parte.
5. The third respondent/insurer filed written statement
admitting the existence of a valid policy in respect of the offending
vehicle, but denied liability. It was also contended that the
compensation claimed was quite excessive.
6. Before the Tribunal, no oral evidence was adduced by
either side. Exts.A1 to A45 were marked on the side of the claim
petitioners. No documentary evidence was adduced by the
respondents.
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7. 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 vehicle resulting in
the incident and hence awarded an amount of ₹34,82,000/- in
OP(MV) No.777/2013 (MACA No.305/2020), ₹34,02,000/- in
OP(MV) No.632/2013 (MACA No.346/2020), ₹34,02,000/- in
OP(MV) No.635/2013 (MACA No.380/2020) and ₹34,42,000/- in
OP(MV) No.698/2013 (MACA No.2303/2020) together with
interest @ 9% per annum from the date of the petitions till
realisation along with proportionate costs. Aggrieved by the Award,
the third respondent/insurer has come up in appeal.
8. The only point that arises for consideration in these
appeals is whether there is any infirmity in the findings of the
Tribunal calling for an interference by this Court.
9. Heard both sides
10. The award of compensation by the Tribunal under the
following heads is challenged by the third respondent/insurer -
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Notional income
It is submitted by the learned counsel for the third
respondent/insurer that the notional income of ₹20,000/- fixed by
the Tribunal is on the higher side and hence the same needs to be
reduced. It is also submitted that in the light of proliferation of
engineering colleges in the State, the employment opportunities of
engineering graduates have come down drastically. It is only
graduates from premium colleges like IIT who can command high
salaries and so the income fixed needs to be reduced. In support of
the argument, he relies on the dictums in Shakuntala v. Balraj, 2019
KHC 5508: 2019 ACJ 3164, Navjot Singh v. Harpreet Singh, 2020
KHC 4939: 2020 ACJ 2152 and Meena Pawaia v. Ashraf Ali, 2021
(6) KHC 596. Per contra, it was quite persuasively submitted by the
learned counsel for the claim petitioners that the amount fixed by
the Tribunal is quite reasonable and that the deceased, being final
year engineering graduate students, would certainly have gotten
₹20,000/- per month as their salary and therefore the Tribunal was
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justified in fixing the said amount, which calls for no interference
by this Court. In support of the argument, reference was made to
the dictums in Basanti Devi v. Divisional Manager, New India
Assurance Company Ltd., 2022 ACJ 823 and Kumud Gupta v.
IFFCO Tokio General Insurance Company Ltd., 2024 ACJ 658.
10.1. The accident in Shakuntala (Supra) occurred on
04/05/2013. The deceased therein aged about 24 years was studying
Master of Business Administration Course. He was unmarried. The
High Court quantified the compensation taking the notional income
of the deceased at ₹7,500/- per month. In appeal, the Apex court
held that since the deceased was also a graduate and was pursuing
his master's course with a view to get a better job in Business
Administration, the notional income could be taken ₹10,000/- per
month.
10.2. In Navjot Singh (Supra), the road accident occurred on
10.12.2013. The claim of the appellant was that at the time of
accident, he was 21 years of age pursuing a course in Food
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Technology in Sant Longowal Institute of Engineering &
Technology (S.L.I.E.T.), Longowal, Punjab, and that he was also
earning a sum of ₹10,000/- by taking tuitions for students. The
Tribunal disbelieved the claim of the appellant that he was earning
₹10,000/- per month by taking tuitions. The High Court fixed the
notional monthly income of the appellant at ₹ 5,000/- on the
ground that the minimum wages admissible to an unskilled worker
was ₹5,000/- per month. The Apex Court disagreed with the view
of the High Court and held that students recruited through campus
interviews are at least offered a sum of ₹20,000/- per month.
Therefore, in the facts and circumstances of the case, and by
exercising the power under Article 142 of the Constitution of India,
the notional income of the appellant was taken as ₹10,000/- per
month.
10.3. In Meena Pawaia (Supra), the accident occurred on
12/09/2012. The deceased at the time of accident was a bachelor,
aged 21 years and was studying in the 3 rd year of B.E. The Tribunal
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assessed the monthly income of the deceased as ₹15,000/- per
month, disbelieving the case that he was getting ₹25,000/- as salary
from one Nectal Construction and earning ₹8,000/- per month from
private tuition. The High Court assessed the income of the deceased
at ₹5,000/- per month instead of ₹15,000/- per month as
determined and awarded by the Tribunal. In appeal, the Apex court
observed that it was required to be noted that deceased at the time
of accident was aged 21-22 years and that he was a 3 rd year student
in civil engineering and hence was having a bright future. While
awarding the future economic loss, when the deceased died at the
young age 21-22 years and was not earning at the time of
death/accident, the income for the purpose of determining the future
economic loss is always done based on guesswork considering
many circumstances namely the educational qualification,
background of the family, etc. Therefore, considering the
educational qualification and the family background, the income of
the deceased was fixed at ₹10,000/- per month.
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10.4. In Basanti Devi (Supra), the deceased, 25 years of age
at the time of accident, was a Bachelor of Engineering in Computer
Technology. The Tribunal assessed the income of the deceased for
the purpose of awarding the future loss of income @ ₹20,000/- per
month. In appeal, the Apex court held that considering the fact that
the deceased at the time of death/accident was aged 25 years of age
and was a Bachelor of Engineering in Computer Technology, the
Tribunal rightly considered the income of the deceased at the time
of death at ₹20,000/- per month, which was not required to be
interfered with by the High Court. The argument on behalf of the
Insurance Company that since no documentary evidence had been
produced to prove income, the Tribunal ought not to have assessed
the income of the deceased at Rs.20,000/- per month was rejected.
It was held that even assuming that there was no supporting
evidence laid, considering the potentiality to earn, as the deceased
was a Bachelor of Engineering in Computer Technology, his
income could safely be assessed at least at ₹20,000/- per month.
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10.5. In Kumud Gupta (Supra), the accident occurred on
21/04/2011. The deceased was a B.Tech (Computer Science)
student studying in an Engineering College at Mullana, Haryana.
The case of the claim petitioner that had the deceased completed
her course, she would have earned at least ₹25,000/- per month was
accepted by the Tribunal. The High Court reduced the notional
monthly income to ₹20,000/- per month, which was challenged.
The Apex court held that in light of the materials on record, the
High Court was justified in computing the notional monthly income
of the deceased at ₹20,000/- per month.
10.6. In the case on hand, the deceased were final year
B.Tech students at Sarabhai Institute of Science & Technology,
Vellanad, Thiruvananthapuram. The college may not be a premium
college like the IITs in India. The Tribunal taking into account the
materials produced, that is, the various certificates produced by the
claim petitioners, concluded that the deceased were infact bright
students and hence fixed the notional income at ₹20,000/-. On
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going through the records, I do not find any infirmity calling for an
interference by this Court.
Addition to be made towards future prospects
11. The Tribunal has added 50% to the established income
under this head. However, in the light of National Insurance
Company Limited v. Pranay Sethi, 2017 (5) KHC 350: (2017) 16
SCC 680, it is 40% that needs to be added. Hence, the impugned
award will stand corrected to the said extent.
Loss of consortium and loss of love and affection
12. It is submitted by the learned counsel for the third
respondent/insurer that it is only the parents who are entitled to
compensation towards loss of consortium and that loss of
consortium takes in the element of loss of love and affection and
therefore the Tribunal was not justified in granting compensation
towards love and affection to the siblings.
12.1. It is true that the parents of the deceased are entitled to
compensation towards loss of filial consortium only. The siblings
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are not entitled to be awarded any compensation for loss of
consortium. In 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, it has been held that when compensation for loss of consortium
is awarded, then compensation cannot be awarded for loss of love
and affection. In the case on hand, the parents are entitled to
compensation of ₹40,000/- each towards loss of filial consortium.
As the parents have been awarded compensation towards loss of
consortium, they are not entitled to any further amount as
compensation for loss of love and affection as the said element is
included in loss of consortium. The other claim petitioners are the
siblings of the deceased who are not entitled to any amount towards
loss of consortium. However, the fact that they are siblings is not
disputed. Therefore, I find that they are entitled to compensation
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towards loss of love and affection and an amount of ₹40,000/- each
under the said head would be a reasonable amount. Therefore, the
amount granted in the various petitions, though under the wrong
head, does not exceed the amounts to which the claim petitioners
are entitled under loss of consortium and loss of love and affection
and therefore I find no grounds for interference on the said head.
13. The impugned Award is modified to the following
extent:
OP(MV) No.777/2013 (MACA No.305/2020)
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
(in ₹) Tribunal (in ₹) (in ₹)
1. Transportation 1,00,000/- 10,000/- 10,000/-
to hospital (No Modification)
2. Damage to 1,00,000/- 2,000/- 2,000/-
clothing & (No Modification)
articles
3. Funeral 50,000/- 15,000/- 15,000/-
expenses (No Modification)
4. Compensation 2,00,000/- Nil Nil
for pain and (No Modification)
sufferings
5. Compensation Nil 2,00,000/- 2,00,000/-
for loss of (40,000 x 5) (No Modification)
consortium
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6. Compensation Nil 15,000/- 15,000/-
for loss of (No Modification)
estate
7. Compensation 40,00,000/- 32,40,000/- 30,24,000/-
for loss of [(20,000+50%) [(20,000+40%)
dependency x1/2 x 12 x 18] x1/2 x 12 x 18]
Total 34,82,000/- 32,66,000/-
In the result, MACA No.305/2020 is disposed of by deducting
the compensation awarded by an amount of ₹2,16,000/- (total
compensation ₹32,66,000/- that is, ₹34,82,000/- granted by the
Tribunal minus ₹2,16,000/- deducted in appeal).
OP(MV) No.632/2013 (MACA No.346/2020)
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
(in ₹) Tribunal (in ₹) (in ₹)
1. Transportation 1,00,000/- 10,000/- 10,000/-
to hospital (No Modification)
2. Damage to 1,00,000/- 2,000/- 2,000/-
clothing & (No Modification)
articles
3. Funeral 50,000/- 15,000/- 15,000/-
expenses (No Modification)
4. Compensation 2,00,000/- Nil Nil
for pain and (No Modification)
sufferings
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5. Compensation Nil 1,20,000/- 1,20,000/-
for loss of love (40,000 x 3) (No Modification)
and affection
6. Compensation 50,00,000/- 15,000/- 15,000/-
for loss of (No Modification)
estate
7. Compensation 40,00,000/- 32,40,000/- 30,24,000/-
for loss of [(20,000+50%) [(20,000+40%)
dependency x1/2 x 12 x 18] x1/2 x 12 x 18]
Total Limited to 34,02,000/- 31,86,000/-
50,00,000/-
In the result, MACA No.346/2020 is disposed of by deducting
the compensation awarded by an amount of ₹2,16,000/- (total
compensation ₹31,86,000/- that is, ₹34,02,000/- granted by the
Tribunal minus ₹2,16,000/- deducted in appeal).
OP(MV) No.635/2013 (MACA No.380/2020)
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
(in ₹) Tribunal (in ₹) (in ₹)
1. Transportation 1,00,000/- 10,000/- 10,000/-
to hospital (No Modification)
2. Damage to 1,00,000/- 2,000/- 2,000/-
clothing & (No Modification)
articles
3. Funeral 50,000/- 15,000/- 15,000/-
expenses (No Modification)
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4. Compensation 2,00,000/- Nil Nil
for pain and (No Modification)
sufferings
5. Compensation Nil 1,20,000/- 1,20,000/-
for loss of love (40,000 x 3) (No Modification)
and affection
6. Compensation 50,00,000/- 15,000/- 15,000/-
for loss of (No Modification)
estate
7. Compensation 40,00,000/- 32,40,000/- 30,24,000/-
for loss of [(20,000+50%) [(20,000+40%)
dependency x1/2 x 12 x 18] x1/2 x 12 x 18]
Total Limited to 34,02,000/- 31,86,000/-
50,00,000/-
In the result, MACA No.380/2020 is disposed of by deducting
the compensation awarded by an amount of ₹2,16,000/- (total
compensation ₹31,86,000/- that is, ₹34,02,000/- granted by the
Tribunal minus ₹2,16,000/- deducted in appeal).
OP(MV) No.698/2013 (MACA No.2303/2020)
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
(in ₹) Tribunal (in ₹) (in ₹)
1. Transportation 1,00,000/- 10,000/- 10,000/-
to hospital (No Modification)
2. Damage to 1,00,000/- 2,000/- 2,000/-
clothing & (No Modification)
articles
2025:KER:50812
MACA NO.305/2020 and con. cases
3. Funeral 50,000/- 15,000/- 15,000/-
expenses (No Modification)
4. Compensation 2,00,000/- Nil Nil
for pain and (No Modification)
sufferings
5. Compensation Nil 1,60,000/- 1,60,000/-
for loss of love (40,000 x 4) (No Modification)
and affection
6. Compensation Nil 15,000/- 15,000/-
for loss of (No Modification)
estate
7. Compensation 50,00,000/- 32,40,000/- 30,24,000/-
for loss of [(20,000+50%) [(20,000+40%)
dependency x1/2 x 12 x 18] x1/2 x 12 x 18]
Total 34,42,000/- 32,26,000/-
In the result, MACA No.2303/2020 is disposed of by
deducting the compensation awarded by an amount of ₹2,16,000/-
(total compensation ₹32,26,000/- that is, ₹34,42,000/- granted by
the Tribunal minus ₹2,16,000/- deducted in appeal).
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
