Kerala High Court
Saramma vs Shinaz on 12 June, 2025
M.A.C.A.No.797 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
MACA NO. 797 OF 2020
AGAINST THE AWARD DATED 30.09.2019 IN OPMV NO.327 OF
2013 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
ALAPPUZHA.
APPELLANTS/PETITIONERS:
1 SARAMMA,
AGED 62 YEARS,
ASARIPARAMBU, MARARIKULAM VADAKKU,
S.L.PURAM.P.O., CHERTHALA.
2 SANUSHA,
AGED 38 YEARS,
ASARIPARAMBU, MARARIKULAM VADAKKU,
S.L.PURAM.P.O., CHERTHALA.
3 SANUJA,
AGED 36 YEARS,
ASARIPARAMBU, MARARIKULAM VADAKKU,
S.L.PURAM.P.O., CHERTHALA.
4 SANATH,
AGED 33 YEARS,
ASARIPARAMBU, MARARIKULAM VADAKKU,
S.L.PURAM.P.O., CHERTHALA.
BY ADVS.
SHRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
M.A.C.A.No.797 of 2020
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RESPONDENTS/RESPONDENTS:
1 SHINAZ,
VAISHAISAM PARAMBIL, P.H.WARD,
ALAPPUZHA NORTH.P.O., ALAPPUZHA-688 001.
2 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.,
REPRESENTED BY ITS MANAGER LEGAL, IVTH FLOOR,
KANNAMKERRY ESTATE, MARINE DRIVE, ERNAKULAM-682035.
BY ADV SHRI.N.S.NAJEEB
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 12.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.797 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.797 of 2020
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Dated this the 12th day of June 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.327/2013 on the file of the Motor Accidents Claims Tribunal,
Alappuzha, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 30/09/2019. The respondents herein are the
respondents 1 & 2 respectively in the original 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 10/12/2012,
the deceased was riding his motorcycle through a public road and
when he reached the place by name Pathirappally, car bearing
registration No.KL-4 AD.3677 driven by the first respondent in a rash
and negligent manner knocked him down, as a result of which he
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sustained grievous injuries to which he succumbed. A sum of
₹12,00,000/- was claimed as compensation under various heads.
3. The first respondent/owner-cum-driver remained
ex parte.
4. The second respondent/insurer filed written
statement admitting the existence of a valid policy in respect of the
offending vehicle. The age and income of the deceased were
disputed. It was also contended that the compensation claimed was
quite excessive.
5. Before the Tribunal, no oral evidence was adduced
by either side. Exts.A1 to A9 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 first respondent/driver of the offending vehicle resulting in the
incident and hence awarded an amount of ₹6,17,800/- together with
interest @ 9% per annum from the date of the petition till the date of
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realisation with proportionate costs. Aggrieved by the Award, the
third respondent/insurer has 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 petitioner -
Notional income
It is submitted by the learned counsel for the claim petitioner
that the deceased, aged 57 years, was a carpenter earning ₹12,000/-
per month. However, the Tribunal fixed the notional income at
₹6,500/- which is quite low. Going by the minimum wages fixed by
the Government as per G.O.(P) No.154/2011/LBR dated 12/09/2011
the wages to which a carpenter is entitled is ₹320/- per day in
addition to the dearness allowance rate referred to in the same, which
comes to ₹10,912/-. Therefore, the Tribunal ought to have fixed the
notional income at the said rate. Per contra, it is submitted by the
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learned counsel for the second respondent/insurer that in the absence
of any evidence, the notional income for the deceased can be fixed as
₹8,500/- in the light of the dictum in Ramachandrappa v. Manager,
Royal Sundaram Alliance Insurance Co. Ltd., (2011) 13 SCC
236.
The fact that the deceased was a carpenter is not disputed.
No evidence was let in to prove his monthly income. However, going
by the Government Order cited, the notional income can be fixed as
₹10,000/- per month.
Compensation for pain and sufferings
An amount of ₹50,000/- was claimed. The Tribunal granted
an amount of ₹15,000/-. The incident took place on 10/12/2012 and
the deceased succumbed to the injuries on 18/12/2012, that is, after a
period of 8 days. Therefore, it was not a case of instantaneous death.
Hence, an amount of ₹25,000/- can be granted under this head.
Loss of consortium
Admittedly, the claim petitioners are the wife and three
minor children of the deceased. The Tribunal has only granted an
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amount of ₹40,000/- towards loss of consortium to the first claim
petitioner, the wife 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, the claim petitioners 2 to 4
being the children of the deceased are entitled to compensation
towards loss of parental consortium at the rate 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 has to be enhanced every three
years by 10%. Hence, the claim petitioners 2 to 4 are entitled to two
enhancements at the rate of 10% every three years. Therefore, the
claim petitioners 2 to 4 will be entitled to ₹48,400/- each. (₹40,000 +
10% = ₹44,000; ₹44,000 + 10% = ₹ 48,400/-).
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10. 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 ₹35,000/- ₹12,000/- ₹12,000/-
hospital (No modification)
including
ambulance
charges
2 Damages to ₹1,000/- ₹1,000/- ₹1,000/-
clothing and (No modification)
articles
3 Medical ₹1,50,000/- Nil Nil
expenses (No modification)
4 Bystander ₹10,000/- ₹4,000/- ₹4,000/-
expenses (No modification)
5 Expenses for ₹10,000 ₹1,000/- ₹1,000/-
extra (No modification)
nourishemnt
6 Funeral and ₹20,000/- ₹15,000/- ₹15,000/-
miscellaneous (No modification)
expenses
PART-II
7 Compensation 50,000/- ₹15,000/- ₹25,000/-
for pain &
sufferings
8 Compensation ₹60,000/- ₹40,000/- ₹40,000/-
for loss of love (No
and affection modification)
and loss of
consortium
Loss of parental
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consortium to --- ---
claim petitioners ₹1,45,200/-
2 to 4 (₹48,400/-x3)
9 Compensation ₹30,000/- ₹15,000/- ₹15,000/-
for loss of estate (No modification)
10 Compensation ₹8,50,000/- ₹5,14,500/- ₹7,92,000/-
for loss of (₹10,000/-
dependency +10%)x12x9x2/
Total ₹12,16,000/- ₹6,17,800/- ₹10,50,200/-
(Claim is on
limited to calculation
₹12,00,000/-) the amount
was
₹6,17,500/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹4,32,700/- (total compensation
₹10,50,200/-, that is, ₹6,17,500/- granted by the Tribunal +
₹4,32,700/- 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 second 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
judgment. On deposit of the compensation amount, the Tribunal shall
disburse the amount to the claim petitioner at the earliest in
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accordance with law after making deductions, if any.
Interlocutory applications, if any pending, shall stand closed.
SD/-
C.S. SUDHA
JUDGE
ak
