Kerala High Court

Parijan vs Akbar.V.A (Deleted)* on 9 June, 2025

                                                2025:KER:40262



            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

             THE HONOURABLE MRS. JUSTICE C.S. SUDHA

   MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947

                      MACA NO. 565 OF 2020

        AGAINST THE AWARD DATED 11.04.2019 IN OPMV NO.588 OF

2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD

APPELLANTS/PETITIONERS:

    1      PARIJAN
           AGED 47 YEARS
           W/O.KAMALUDEEN, NABEESA MANZIL, VAZHAKKACHIRA,
           KAVASSERY P.O., PALAKKAD DISTRICT, 678543.

    2      MUHAMMED RAFI,
           AGED 26 YEARS
           S/O.KAMAL, NABEESA MANZIL , VAZHAKKACHIRA,
           KAVASSERY P.O., PALAKKAD DISTRICT, 678543.

    3      SULFIKKER ALI,
           AGED 23 YEARS
           S/O.KAMAL, NABEESA MANZIL , VAZHAKKACHIRA,
           KAVASSERY P.O., PALAKKAD DISTRICT, 678543.

           BY ADV SRI.BINOY VASUDEVAN
RESPONDENTS/RESPONDENTS:

    1      *AKBAR.V.A (DELETED)
           AGED 33 YEARS
           S/O.ABOOBACKER, PUTHIYACHANTHOPPURA,
           VADAKKENCHERRY P.O., PALAKKAD DISTRICT-678682.

    2      *SANU (DELETED)
           AGED 24 YEARS
           S/O.NASAR, PALAYAM, CHANTHAPURA, VADAKKENCHERRY
           P.O., PALAKKAD DISTRICT, 678682.
                                                2025:KER:40262
MACA NO. 565 OF 2020

                              2


    3      THE NATIONAL INSURANCE CO. LTD.,
           EAST FORT COMPLEX, IMA JUNCTION, FORT MAIDAN,
           PALAKKAD, 678001, REPRESENTED BY ITS MANAGER.

           *(R1, R2 DELETED FROM THE PARTY ARRAY AT THE RISK
           OF THE PETITIONERS AS PER ORDER DATED 16/12/20 IN
           IA 2/20)

           BY ADV SRI.S.K.AJAY KUMAR


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 09.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                               2025:KER:40262
MACA NO. 565 OF 2020

                                       3



                              C.S.SUDHA, J.
              ----------------------------------------------------
                        M.A.C.A. No.565 of 2020
              ----------------------------------------------------
                 Dated this the 10th day of June 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.588/2017 on the file of the Motor Accidents Claims Tribunal,

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

granted by Award dated 11/04/2019. The sole respondent herein is

the third respondent/insurer 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

02/10/2016 at about 07:30 p.m., while the deceased was walking

along the side of the Vadakkancherry-Mangalampalam public road,

motorcycle bearing registration no.KL49G6127 ridden by the

second respondent in a rash and negligent manner knocked him 2025:KER:40262 MACA NO. 565 OF 2020

down as a result of which he sustained grievous injuries. Though

the deceased was immediately taken to the hospital, he succumbed

to the injuries sustained. A sum of ₹25,00,000/- was claimed as

compensation under various heads.

3. The first respondent/owner and the second

respondent/rider filed written statement contending that the incident

occurred due to the negligence of the deceased. The age, occupation

and income of the deceased were disputed. It was also contended

that the compensation claimed was quite excessive.

4. The third respondent/insurer filed written

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

offending vehicle.

5. Before the Tribunal, no oral evidence was

adduced by either side. Exts.A1 to A14 were marked on the side of

the claim petitioners. Ext.B1 was marked on the side of the third

respondent/insurer.

6. The Tribunal on a consideration of the 2025:KER:40262 MACA NO. 565 OF 2020

documentary evidence and after hearing both sides, found

negligence on the part of the second respondent/rider of the

motorcycle resulting in the incident and hence awarded an amount

of ₹11,71,000/- together with interest @ 7.5% 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 when the incident occurred on 02/10/2016, the

deceased was a lottery vendor earning an amount of ₹18,000/- per

month. However, the Tribunal fixed the notional income at 2025:KER:40262 MACA NO. 565 OF 2020

₹7,000/-, which is on the lower side and hence the same requires to

be enhanced. The learned counsel also draws my attention to the

dictum in Ramachandrappa v. Manager, Royal Sundaram

Allian. Co. Ltd, (2011) 13 SCC 236, where the notional income of

even a coolie in the year 2016 was liable to be fixed at ₹10,500/-.

In the light of the dictum in Ramachandrappa (Supra),

the notional income of the deceased is fixed at ₹10,500/- per

month.

Loss of consortium

It is pointed out that though an amount of ₹1,00,000/- was

claimed under this head, the Tribunal has granted an amount of

₹40,000/- only, which again is challenged. 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, the wife of 2025:KER:40262 MACA NO. 565 OF 2020

the deceased is entitled to loss of spousal consortium and the

children towards loss of parental consortium. Here, an amount of

₹40,000/- only is seen given. Therefore, I find that claim petitioners

2 and 3, who are the children of the deceased, are entitled to

compensation towards loss of parental consortium of ₹40,000/-

each. 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 is liable to be

enhanced @10% every three years. The claim petitioners 2 and 3

were not granted consortium by the Tribunal. Hence, they are

entitled to two enhancements at the rate of 10% each, that is, on

31/10/2020 and 31/10/2023. Therefore, claim petitioners 2 and 3

will be entitled to ₹48,400/- each. (31/10/2020 - ₹40,000 + 10% =

₹44,000; 31/10/2023 - ₹44,000 + 10% = ₹ 48,400/-).

Loss of love and affection

It is well settled in the light of the dictums in Magma

General Insurance Co. Ltd. (Supra), Satinder Kaur (Supra) and 2025:KER:40262 MACA NO. 565 OF 2020

Somwati (Supra), that when compensation towards loss of

consortium is granted, compensation towards loss of love and

affection cannot be granted. Hence, in the light of the aforesaid

dictums, compensation towards loss of love and affection shall

stand set aside.

10. 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. Transport to 20,000/- 5,000/- 5,000/-

            hospital                                                (No
                                                                Modification)
 2.        Damage to          2,000/-           1,000/-           1,000/-
          clothing and                                              (No
             article                                            Modification)
 3.          Funeral         50,000/-           15,000/-         15,000/-
            expenses                                               (No
                                                                Modification)
 4.       Compensation      2,00,000/-          15,000/-         15,000/-
           for loss of                                             (No
             estate                                             Modification)
 5.          Loss of        1,00,000/-         40,000/-          40,000/-
           consortium                                              (No
           (first claim                                         Modification)
           petitioner)
                                                          2025:KER:40262
MACA NO. 565 OF 2020





 6.      Loss of        96,800/-             Nil            96,800/-
         parental                                         (48,400 x 2)
       consortium
          (claim
       petitioners 2
          and 3)
 7.   Compensation      2,00,000/-         15,000/-        15,000/-
       for pain and                                          (No
         suffering                                        Modification)
 8.    Loss of love    2,00,000/-         1,00,000/-       Set aside
       and affection
 9.   Compensation     22,00,000/-         9,80,000/-      14,70,000/-
        for loss of                      [(7,000+25%-    [(10,500+25%-
       dependency                         1/3)x12x14)      1/3)x12x14)
          Total         limited to         11,71,000/-     16,57,800/-
                       25,00,000/-

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹4,86,800/- (total

compensation ₹16,57,800/- that is, ₹11,71,000/- granted by the

Tribunal + ₹4,86,800/- 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 168 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 2025:KER:40262 MACA NO. 565 OF 2020

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 petitioner at the earliest in accordance with law after making

deductions, if any.