Kerala High Court

Rajan.P.P vs The Oriental Insurance Co.Ltd on 24 June, 2025

                                                2025:KER:45414
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MRS. JUSTICE C.S. SUDHA

   TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947

                      MACA NO. 712 OF 2020

        AGAINST THE AWARD DATED 25.09.2018 IN OPMV NO.750 OF

2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VATAKARA

APPELLANTS/PETITIONERS:

    1      RAJAN.P.P
           AGED 68 YEARS, S/O. LATE GOVINDAN, RESIDING AT
           KAILAS, OORANKUNNUMMAL HOUSE, KOLLAM P.O,
           KOYILANDY VIA, KOZHIKODE 672 307
    2      DEVI,
           AGED 58 YEARS, W/O. RAJAN, RESIDING AT KAILAS,
           OORNKUNNUMMAL HOUSE, KOLLAM P.O, KOYILANDY VIA,
           KOZHIKODE 673307
    3      RAJU,
           AGED 37 YEARS, S/O. RAJAN, RESIDING AT KAILAS,
           OORNKUNNUMMAL HOUSE, KOLLAM P.O, KOYILANDY VIA,
           KOZHIKODE 673307
    4      RAGESH,
           AGED 33 YEARS, S/O. RAJAN, RESIDING AT KAILAS,
           OORNKUNNUMMAL HOUSE, KOLLAM P.O, KOYILANDY VIA,
           KOZHIKODE 673307
           SRI.AVM.SALAHUDIN
           SMT.A.D.DIVYA
RESPONDENT/3RD RESPONDENT:

           THE ORIENTAL INSURANCE CO.LTD
           DO-II, PRAMOD BUILDING, CHEROOTTY ROAD,
           CALICUT 673 032, REPRESENTED BY BRANCH MANAGER
           ADV SRI.P.JACOB MATHEW
     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 24.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                               2025:KER:45414
MACA NO. 712 OF 2020

                                       2



                              C.S.SUDHA, J.
              ----------------------------------------------------
                        M.A.C.A. No.712 of 2020
              ----------------------------------------------------
                 Dated this the 24th 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.750/2016 on the file of the Motor Accidents Claims Tribunal,

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

granted by Award dated 25/09/2018. 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

14/01/2016 at about 10:00 p.m., while the deceased was pillion

riding on motorcycle bearing registration no.KL18C818 from the

place by name Vatakara to Kollam and when he reached the place

by name Mangoolpara near Iringal, car bearing registration 2025:KER:45414 MACA NO. 712 OF 2020

no.KL10AQ9722 driven by the second 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

₹10,00,000/- was claimed as compensation under various heads.

3. The first respondent/owner and the second

respondent/driver filed joint written statement denying negligence

on the part of the latter. 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. The age, avocation, income etc. 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 A4 were marked on the side of

the claim petitioners and Ext.B1 was marked on the side of the 2025:KER:45414 MACA NO. 712 OF 2020

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 vehicle resulting in

the incident and hence awarded an amount of ₹11,88,200/- together

with interest @ 9% 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 carpenter aged 32 years, was earning 2025:KER:45414 MACA NO. 712 OF 2020

₹20,000/- per month. However, the Tribunal fixed the notional

income at ₹8,000/- which is quite low going by the dictum in

Ramachandrappa v. Manager, Royal Sundaram Alliance

Insurance Co. Ltd, (2011) 13 SCC 236.

9.1. In the light of the dictum in Ramachandrappa

(Supra), I find that an amount of ₹10,500/- can be fixed as the

notional income of the deceased.

Loss of consortium

10. Admittedly, the claim petitioners are the parents

and two major brothers 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, claim

petitioners 1 and 2, who are the parents of the deceased, are entitled

to compensation towards loss of filial consortium at the rate of 2025:KER:45414 MACA NO. 712 OF 2020

₹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, claim petitioners

1 and 2 are entitled to two enhancements at the rate of 10% every

three years, which is ₹48,400/- each. (₹40,000 + 10% = ₹44,000;

₹44,000 + 10% =₹48,400/-).

Loss of love & affection

11. An amount of ₹50,000/- has been awarded under

this head. It is submitted by the learned counsel for the third

respondent/insurer that in the light of the dictum in Pranay Sethi

(Supra), the brothers of the deceased are not entitled to be given

any amount under loss of consortium or loss of love and affection

and therefore, the said amount is liable to be deducted.

11.1. In the first place, no appeal or cross objection has

been filed by the third respondent/insurer. Therefore, in the appeal

filed by the claim petitioners, the amount that has already been 2025:KER:45414 MACA NO. 712 OF 2020

awarded cannot be deducted when there is no challenge. Moreover,

claim petitioners 3 and 4 are admittedly the siblings of the deceased

and therefore, I find no infirmity in the Tribunal having granted

₹50,000/- under this head to them.

12. 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 8,00,000/- 10,75,200/- 14,11,200/-

dependency [(8,000+40%) [(10,500+40%) x1/2 x 12 x 16] x1/2 x 12 x 16]

2. Transport to 25,000/- 5,000/- 5,000/-

             hospital                                         (No Modification)
 3.        Damage to        2,500/-            1,000/-             1,000/-
           clothings                                          (No Modification)
 4.          Pain and      50,000/-            25,000/-           25,000/-
            sufferings                                        (No Modification)

           Extra           30,000/-            2,000/-             2,000/-
       nourishment                                            (No Modification)
      and bystander's
         expenses
 5        Loss of love &   2,00,000/-          50,000/-           50,000/-
            affection                                         (No Modification)
                                                           2025:KER:45414
MACA NO. 712 OF 2020





 6      Loss of filial       Nil               Nil           96,800/-
        consortium                                         (48,400 x 2)
           (claim
        petitioners 1
           and 2)
 7      Medical bills      50,000/-            Nil             Nil
                                                         (No Modification)
 8     Loss of future     2,00,000/-           Nil             Nil
         economic                                        (No Modification)
        benefit from
         20-5-2016
 9         Funeral         50,000/-         15,000/-         15,000/-
          expenses                                       (No Modification)
 10    Loss of estate     2,00,000/-        15,000/-         15,000/-
                                                         (No Modification)
           Total         16,07,500/-       11,88,200/-      16,21,000/-
                          limited to
                         10,00,000/-

In the result, the appeal is allowed by enhancing the

compensation by a further amount of ₹4,32,800/- (total

compensation ₹16,21,000/- that is, ₹11,88,200/- granted by the

Tribunal plus ₹4,32,800/- 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 321 days delay in filing the

appeal) and proportionate costs. The third respondent/insurer is 2025:KER:45414 MACA NO. 712 OF 2020

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 petitioner at the earliest in accordance with law

after making deductions, if any.