Kerala High Court
The Oriental Insurance Co. Ltd vs Premachandran Nair on 19 March, 2025
MACA No.360 of 2021
& 2582 of 2020 1 2025:KER:24536
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946
MACA NO. 360 OF 2021
AGAINST THE AWARD DATED 28.7.2020 IN O.P.(M.V.) NO.312 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA
APPELLANTS/PETITIONERS :
1 PREMACHANDRAN NAIR
AGED 60 YEARS
S/O. KRISHNAN PILLAI, KRISHNAKRIPA,
KRISHNA NAGAR, NEYYATTINKARA P.O,
PIN 695 121
2 SARASAKUMARI,
AGED 53 YEARS
W/O. PREMACHANDRAN NAIR,
RESIDING AT DO DO
BY ADVS.
RINU. S. ASWAN
SMT.M.ARDRA KRISHNAN
RESPONDENT/RESPONDENTS :
1 MANI @ MANIYAN, AGE NOT KNOWN,
S/O. THANKAYYAN, 3/695,
KUNDUVILA KEEZHE PUTHENVEEDU,
PARASUVAIKAL, PARASSALA P.O,
TRIVANDRUM DISTRICT PIN 695 502
2 M/S. ORIENTAL INSURANCE CO.LTD,
REPRESENTED BY ITS MANAGER, NEAR KSRTC BUS STAND,
NEYYATTINKARA 695 121
SMT. LATHA SUSAN CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 19.03.2025, ALONG WITH MACA NO.2582/2020, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
MACA No.360 of 2021
& 2582 of 2020 2 2025:KER:24536
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946
MACA NO. 2582 OF 2020
AGAINST THE AWARD DATED 28.07.2020 IN O.P.(M.V.) NO.312 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA
APPELLANT/2ND RESPONDENT :
THE ORIENTAL INSURANCE CO. LTD.,
NEAR KSRTC BUS STAND, NEYYATTINKARA,
REPRESENTED BY ITS REGIONAL MANAGER,
REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADVS.
GEORGE CHERIAN (SR.)
SRI.GEORGE A.CHERIAN
SRI.ALEXY AUGUSTINE
RESPONDENTS/APPLICANTS :
1 PREMACHANDRAN NAIR
AGED 60 YEARS
S/O KRISHNAPILLA, KRISHNAKRIPA,
KRISHNA NAGAR, NAYYATTINKARA P O, PIN-695121.
2 SARASAKUMARI @ SUDHA
AGED 53 YEARS
W/O PREMACHANDRAN NAIR, KRISHNAKRIPA,
KRISHNA NAGAR, NAYYATTINKARA P O, PIN-695121.
BY ADVS.
SRI.RINU. S. ASWAN
SMT.M.ARDRA KRISHNAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 19.03.2025, ALONG WITH MACA NO.360/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
MACA No.360 of 2021
& 2582 of 2020 3 2025:KER:24536
JUDGMENT
Both these appeals arise out of the common award in
O.P.(M.V.) Nos.312 of 2015 and 326 of 2015 on the files of the Motor
Accidents Claims Tribunal, Neyyattinkara.
2. The brief facts necessary for the disposal of these appeals
are as follows:
On 31.1.2015 at about 4 p.m., one Nithin, the son of the
claimants was riding a motorcycle bearing registration
No.KL-01-BM-8742 through the Parassala -Neyyattinkara road,
and when he reached near Parasuvaikal village office, a mini lorry
bearing registration No. KL-19-B-883 which came from a by-road
hit against the motorcycle. The deceased Nithin, who was the rider
of the motorcycle was aged only 22 years and a trainee captain at
the time of accident. It is also contended that the deceased Nithin
had obtained BSS Diploma in Hotel Management and Catering and
was earning a monthly income of Rs.20,000/- per month. The claim
petition was tried along with the claim petition filed by
Smt.Sarasakumari, the pillion rider of the motorcycle and the
documents produced by the claimants before the tribunal were
marked as Exts.A1 to A12. The tribunal, after examining the
material evidence on record, found that the claimants could not
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succeed in proving the income of the deceased Nithin, fixed the
income at Rs.18,000/- and added 50% of the income towards future
prospects thereby, the total amount of Rs.27,000/- was taken to
calculate the compensation towards loss of dependency. The
tribunal also deducted 50% of the aforesaid amount for his
personal expenses as he was a bachelor at the time of the accident
and awarded compensation as follows:
Sl.No. Head of Claim Amount Amount Basic vital
claimed awarded details in a nut
(in ₹) (in ₹) shell
1 Loss of dependency 20,00,000 29,16,000 13,500x12x
2 Loss of consortium 2,00,000 80,000
3 Loss of estate 2,00,000 15,000
4 Loss of love and 10,00,000 ---
affection
5 Loss of pain and 1,00,000 ----
suffering
6 Medical expenses 3,00,000 ---
7 Transport to hospital 15,000 3,000
8 Funeral expenses 50,000 15,000
9 Damage to clothing 2,000 2,000
10 Extra nourishment 13,000 6,000
11 Byestander's expenses 20,000 3,000
Total 30,40,000 ₹30,40,000/- with
8% interest per
annum from
13.04.15 till
realisation
3. The claimants are in appeal contending that the income
fixed by the tribunal is incorrect whereas the insurance company
contended that the tribunal ought not have fixed 50% future
prospects instead of 40%.
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4. Heard Sri. Rinu S Aswan, the learned counsel appearing
for the appellants/claimants in M.A.C.A No.360 of 2021 and
Smt. Latha Susan Cherian, the learned counsel appearing for the
insurance company in M.A.C.A No.2582 of 2020.
5. On a consideration of the rival submissions raised across
the Bar, this Court finds considerable force in the argument of the
learned counsel appearing for the insurance company that going
by the principles laid down by the Supreme Court in National
Insurance Company vs. Pranay Sethi [2017 (4) KLT 662 SC], the
tribunal could not have fixed 50% of the income towards future
prospects. Hence, to that extent, the insurance company is entitled
to succeed.
6. Coming to the claim for enhancement of compensation on
account of the death of Sri. Nithin is concerned, this Court finds
from the averments in the claim petition that the claimants have
specifically contended that the deceased was earning an amount of
Rs.20,000/- as his monthly income. In Sanjay Kumar v. Ashok
Kumar and Another [2014 (5) SCC 330], the honourable Supreme
Court has held that even in the absence documentary evidence, if
the amount claimed by the claimant is not exorbitant to the ground
realities, the same could be taken.
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7. In this context, it is pertinent to mention that going by the
certificate issued by the Bharat Sevak Samaj, (National
Development Agency, promoted by Government of India), the
deceased Nithin had successfully completed BSS Diploma in Hotel
Management and Catering Technology. Considering the job
prospects of a Diploma Holder in Hotel Management and Catering,
this Court cannot find otherwise that the claim of the appellants
for fixation of income at Rs.20,000/- is unreasonable. Accordingly,
this Court finds that the appellants are entitled to have the income
of the deceased Nithin fixed at Rs.20,000/-.
8. As an upshot of these discussions, M.A.C.A. No.2582 of
2020 preferred by the insurance company is allowed. M.A.C.A.
No.360 of 2020 is also allowed. The appellants are entitled to get
enhanced compensation as follows:
Head of claim Amount Amount Enhanced
awarded by awarded by compensation
the Court the tribunal
Income of the deceased is fixed at Rs.20,000/-+ 40% future
prospects =28,000/-
Loss of dependency 30,24,000 29,16,000 1,08,000
28,000x12x
Loss of consortium 96000 80000 16000
Loss of estate 18000 15000 3000
Funeral expenses 18000 15000 3000
Pain and sufferings 15000 ------ 15000
Total 1,45,000
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Accordingly, the appellants are entitled to get an amount of
Rs.1,45,000/- (Rupees One Lakh Forty Five Thousand only) as
enhanced compensation with 8% interest per annum from the date
of petition (13.4.2015) till realization with proportionate cost. The
appellants shall furnish the details of their bank account to the
insurance company for deposit of the amount. The insurance
company shall deposit the amount in the bank account of the
appellants within a period of two months from the date of receipt
of a copy of this judgment.
Appeal ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
NS
