Kerala High Court
The National Insurance Co.Ltd vs Rajendran Pillai on 19 March, 2025
2025:KER:26920
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. 1898 OF 2021
AGAINST THE AWARD DATED 02.04.2019 IN OPMV NO.1117 OF
2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,ATTINGAL
APPELLANT/3RD RESPONDENT IN OP(MV)NO.1117/2013:
THE MANAGER
NATIONAL INSURANCE COMPANY LIMITED,DIVISIONAL
OFFICE,ST.JOSEPH PRESS BUILDING,
VAZHUTHACADU,THIRUVANANTHAPURAM,REPRESENTED BY
ITS ASSISTANT MANAGER(LEGAL),REGIONAL OFFICE,
OMANA TOWERS,M.G.ROAD, ERNAKULAM,COCHIN-682016.
BY ADVS.
GEORGE A.CHERIAN
GEORGE CHERIAN (SR.)(G-81)
SOUMYA FRANCIS(K/000605/2020)
RESPONDENT/PETITIONERS 1, 2 & 3 AND RESPONDENTS 1,2,4,5 & 6
IN OP(MV)NO.1117/2013:
1 DEVAKI AMMA
SHAJI BHAVAN,AMATHARA,MYLAMOODU.P.O,
PANGODE,THIRUVANANTHAPURAM, PIN-695609.
2 SUNDARAN PILLAI,
AGED 67 YEARS
SHAJI BHAVAN,AMATHARA,MYLAMOODU.P.O,
PANGODE,THIRUVANANTHAPURAM, PIN-695609.
3 MONISHA,
SHAJI BHAVAN,AMATHARA,MYLAMOODU.P.O,
PANGODE,THIRUVANANTHAPURAM, PIN-695609.
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2
2025:KER:26920
4 DHANEESH,
S/O PUSHPAKUMARI,SHAJI BHAVAN,KOKKANIKKARA,
PANGODE,THIRUVANANTHAPURAM, PIN-695609.
5 M.G.GEORGE,
(AGE AND FATHER'S NAME NOT KNOWN TO THE
APPELLANT)MARANGADKURUPANADAM,
MADAPPALLY,CHANGANACHERRY, KOTTAYAM,PIN-686101.
6 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT
CORPORATION,THIRUVANANTHAPURAM, PIN-695035.
7 SUKUMARAN.C.T,
S/O.THIRUAN MYLAN,CHARUMMOOTTIL
VEEDU,KATCODE,THIRUVALLA, PIN-689101.
8 THE MANAGER
NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH
OFFICE,ATTINGAL,PIN-695101.
BY ADVS.
G.RADHAKRISHNAN
ALEX ANTONY SEBASTIAN P.A.
RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH MACA.1803/2021, 1861/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
3
2025:KER:26920
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. 1803 OF 2021
AGAINST THE AWARD DATED 02.04..2019 IN OPMV NO.1115
OF 2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,ATTINGAL
APPELLANT/3RD RESPONDENT IN OP(MV)NO.1115/2013:
THE MANAGER
NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL
OFFICE, ST. JOSEPH PRESS BUILDING, VAZHUTHACADU,
THIRUVANANTHAPURAM, REPRESENTED BY ITS ASSISTANT
MANAGER (LEGAL), REGIONAL OFFICE, OMANA TOWERS,
M.G ROAD, ERNAKULAM, COCHIN 682 016
BY ADVS.
GEORGE A.CHERIAN
SOUMYA FRANCIS(K/000605/2020)
GEORGE CHERIAN (SR.)(G-81)
RESPONDENT/PETITIONERS 1 & 2 AND RESPONDENTS 1,2,4,5 & 6 IN
OP(MV)NO.1115/2013:
1 SUNDARAN PILLAI
AGED 67 YEARS
SHAJI BHAVAN, AMATHARA, MYLAMOODU P.O, PANGODE,
THIRUVANANTHAPURAM, PIN 695 609
2 MONISHA
AGED 33 YEARS
SHAJI BHAVAN, AMATHARA, MYLAMOODU P.O, PANGODE,
THIRUVANANTHAPURAM, PIN 695 609
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
4
2025:KER:26920
3 DHANEESH
S/O. PUSHPAKUMARI, SHAJI BHAVAN, KOKKANIKKARA,,
PANGODE, THIRUVANANTHAPURAM, PIN 695 006
4 M.C GEORGE
MARANGADKURUPANDAM, MADAPPALLY, CHANGANACHERRY,
KOTTAYAM, PIN 686 101
5 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
THIRUVANANTHAPURAM, PIN 695 035
6 SUKUMARAN C.T,
CHARUMMOOTTIL VEEDU, KATCODE, THIRUVALLA, PIN 689
101
7 THE MANAGER
NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH
OFFICE, ATTINGAL, PIN 695 101
BY ADVS.
G.RADHAKRISHNAN
R.ANILKUMAR
P.C.CHACKO(PARATHANAM)
RAJAN P.KALIYATH
ALEX ANTONY SEBASTIAN P.A.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH MACA.1898/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
5
2025:KER:26920
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. 1861 OF 2021
AGAINST THE AWARD DATED 07.08.2020 IN OPMV NO.135 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,PUNALUR
APPELLANT/4TH RESPONDENT IN OP(MV)NO.135/2014:
THE NATIONAL INSURANCE COMPANY LIMITED
PARAKADAVIL COMPLEX, PALACE ROAD, CHANGANASSERY,
KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER,
NATIONAL INSURANCE COMPANY, REGIONAL OFFICE,
OMANA TOWERS, M.G. ROAD, ERNAKULAM,
COCHIN-682 016
BY ADVS.
GEORGE A.CHERIAN
GEORGE CHERIAN (SR.)(G-81)
SOUMYA FRANCIS(K/000605/2020)
RESPONDENT/PETITIONER & RESPONDENTS 1, 2 AND 3 IN
OP(MV)NO.135/2014:
1 KOCHUNARAYANAN PILLAI
AGED 76 YEARS
S/O. KRISHNA PILLAI, SASI VILASAM, CHARIPARAMBU
P.O, ITTIVA VILLAGE, KOTTARAKKARA TALUK,
PIN-691 536
2 DANEESH,
S/O. PUSHPAKUMARI, AGE NOT KNOWN TO THE
APPELLANT, SHAJI BHAVAN, PANGODE P.O,
NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT,
PIN-695 006
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
6
2025:KER:26920
3 M.C. GEORGE,
AGE AND FATHER'S NAME NOT KNOWN TO THE APPELLANT,
MARANGAD KURUMPANADOM, MANDANAPPALLY P.O,
CHENGANASSERY, KOTTAYAM DISTRICT, PIN-686 546
4 MANEESH (DIED),
S/O. SASIDHARAN, SHAJI BHAVAN, AMATHARA,
MYLAMOODU P.O, NEDUMANGADU, THIRUVANANTHAPURAM
DISTRICT, LIJI, N D/O. MURALEEDHARAN, PANAVILA
PUTHEN VEEDU, ETTINKADAVU, KADAKKAL P.O, KADAKKAL
VILLAGE, KOTTARAKKARA TALUK, PIN-691 536
BY ADVS.
LIJU. M.P
R.ANILKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH MACA.1898/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
7
2025:KER:26920
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. 2565 OF 2021
AGAINST THE AWARD DATED 07.08.2020 IN OPMV NO.134 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PUNALUR
APPELLANT/4TH RESPONDENT IN OP(MV)NO.134/2014:
THE NATIONAL INSURANCE COMPANY LTD
PARAKADAVIL COMPLEX, PALACE ROAD, CHANGANASSERY,
KOTTAYAM DISTRICT,REPRESENTED BY ITS MANAGER
NATIONAL INSURANCE COMPANY, REGIONAL OFFICE,
OMANA TOWERS, M.G ROAD, ERNAKULAM, PIN-682 016
BY ADVS.
GEORGE A.CHERIAN
GEORGE CHERIAN (SR.)(G-81)
SOUMYA FRANCIS(K/000605/2020)
RESPONDENT/PETITIONER & RESPONDENTS 1 TO 7 IN
OP(MV)NO.134/2014:
1 KOCHUNARAYANAN PILLAI
AGED 76 YEARS
S/O. KRISHAN PILLAI, SASI VILASAM, CHARIPARAMBU
P.O., ITTIVA VILLAGE, KOTTARAKKARA TALUK,
PIN-691 536
2 RAJENDRA PILLAI
AGED 53 YEARS
S/O. KOCHUNARAYAN PILLAI, NEETHU BHAVAN,
CHARIPARAMBU P.O., ITTIVA VILLAGE,
KOTTARAKKARA TALUK, PIN-691 536.
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
8
2025:KER:26920
3 SASI KUMAR
AGED 50 YEARS
S/O. KOCHUNARAYANAN PILLAI, SASI VILASAM,
CHARIPARAMBU P.O., ITTIVA VILLAGE, KOTTARAKKARA
TALUK, PIN-691 536
4 ANIL KUMAR
AGED 48 YEARS
S/O. KOCHUNARAYANAN PILLAI, SASI VILASAM,
CHARIPARAMBU P.O., ITTIVA VILLAGE, KOTTARAKKARA
TALUK, PIN-691 536
5 DANESH
S/O. PUSHPAKUMARI,SHAJI BHAVAN, PANGODE P.O.,
NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT,PIN-695
006
6 M.C GOERGE
MARANGAD KURUMPANADOM, MANDANAPPALLY P.O.,
CHENGANASSERY ,KOTTAYAM DISTRICT ,PIN-686 546
7 MANEESH (DIED),
S/O. SASIDHARAN, SHAJI BHAVAN, AMATHARA,
MYLAMOODU P.O., NEDUMANGADU, THIRUVANANTHAPURAM
DISTRICT,LIJI,N D/O. MURALEEDHARRAN, PANAVILA
PUTHEN VEEDU, ETTINKADAVU, KADAKKAL P.O.,
KADAKKAL VILLAGE, KOTTARAKARA TALUK, PIN-691 536
BY ADV LIJU. M.P
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH MACA.1898/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
9
2025:KER:26920
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. 2598 OF 2021
AGAINST THE AWARD DATED 07.08.2020 IN OPMV NO.136 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,PUNALUR
APPELLANT/4TH RESPONDENT IN OP(MV)NO.136/2014:
THE NATIONAL INSURANCE COMPANY LIMITED
PARAKADAVIL COMPLEX, PALACE ROAD, CHANGANASSERY,
KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER,
NATIONAL INSURANCE COMPANY, REGIONAL OFFICE,
OMANA TOWER, M.G.ROAD, ERNAKULAM, COCHIN-682016.
BY ADVS.
GEORGE A.CHERIAN
GEORGE CHERIAN (SR.)(G-81)
SOUMYA FRANCIS(K/000605/2020)
RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS 1 TO 3 IN
OP(MV)NO.136/2014:
1 RAJENDRAN PILLAI
AGED 53 YEARS
S/O.KOCHUNARAYANA PILLAI, NEETHU BHAVAN,
CHARIPARAMBU P.O., ITTIVA VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT, PIN-691536, REPRESENTED
BY ANIL KUMAR, AGED 48 YEARS, S/O.KOCHUNARAYANA
PILLAI, SASI VILASOM, CHARIPARAMBU P.O., ITTIVA
VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT-
691536.
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
10
2025:KER:26920
2 NITHIN RAJ,
AGED 18 YEARS
S/O.DECEASED RUGMINIAMMA, NEETHU BHAVAN,
CHARIPARAMBU P.O., ITTIVA VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT, PIN-691536.
3 ANIL KUMAR,
AGED 48 YEARS
S/O.KOCHUNARAYANA PILLAI, SASI VILASOM,
CHARIPARAMBU P.O., ITTIVA VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT, PIN-691536.
4 DANEESH,
S/O.PUSHPA KUMARI, AGE NOT KNOWN TO THE
APPELLANT, SHAJI BHAVAN, PANGODE P.O.,
NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT, PIN-
695006.
5 M.C.GEORGE,
AGE ANDFATHER'S NAME NOT KNOWN TO THE APPELLANT,
MARANGAD KURUMPANADOM, MANDANAPPALLY P.O.,
CHENGANASSERY, KOTTAYAM DISTRICT, PIN-686546.
6 MANEESH (DIED),
S/O.SASIDHARAN, SHAJI BHAVAN, AMATHARA, MYLAMOODU
P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT,
LIJI.N, D/O.MURALEEDHARAN, PANAVILA PUTHEN VEEDU,
ETTINKADAVU, KADAKKAI P.O., KADAKKAL VILLAGE,
KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN-691536.
BY ADV LIJU. M.P
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH MACA.1898/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
11
2025:KER:26920
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. 2828 OF 2021
AGAINST THE AWARD DATED 07.08.2020 IN OPMV NO.133 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,PUNALUR
APPELLANT/4TH RESPONDENT IN OP(MV)NO.133/2014:
THE NATIONAL INSURANCE CO.LTD
PARAKADAVIL COMPLEX, PALACE ROAD, CHANGANASSERY,
KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER,
NATIONAL INSURANCE COMPANY, REGIONAL OFFICE,
OMANA TOWERS, M. G. ROAD, ERNAKULAM,
COCHIN - 682 016.
BY ADVS.
GEORGE A.CHERIAN
GEORGE CHERIAN (SR.)(G-81)
SOUMYA FRANCIS(K/000605/2020)
RESPONDENT/PETITIONER & RESPONDENTS 1, 2 AND 3 IN
OP(MV)NO.133/2014:
1 KOCHUNARAYANAN PILLAI
AGED 76 YEARS
S/O. KRISHNA PILLAI, SASI VILASAM, CHARIPARAMBU
P. O., ITTIVA VILLAGE, KOTTARAKKARA TALUK,
PIN - 691536.
2 DANEESH
S/O. PUSHPA KUMARI, AGE NOT KNOWN TO THE
APPELLANT, SHAJI BHAVAN, PANGODE P. O.,
NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT,
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
12
2025:KER:26920
PIN- 695006.
3 M. C. GEORGE
AGE AND FATHER'S NAME NOT KNOWN TO THE APPELLANT,
MARANGAD KURUMPANADOM, MANDANAPPALLY P. O.,
CHENGANASSERY, KOTTAYAM DISTRICT, PIN - 686 546.
4 MANEESH (DIED)
S/O. SASIDHARAN, SHAJI BHAVAN, AMATHARA,
MYLAMOODU P. O., NEDUMANGADU, THIRUVANANTHAPURAM
DISTRICT., LIJI N., D/O. MURALEEDHARAN, PANAVILA
PUTHEN VEEDU, ETTINKADAVU, KADAKKAL P. O.,
KADAKKAL VILLAGE, KOTTARAKKARA TALUK, PIN - 691
536., (RESPONDENT NO.3, DRIVER OF THE OFFENDING
VEHICLE DIED IN THE ACCIDENT. DUE TO THAT THE
LEGAL HEIR OF R3 HIS WIFE IMPLEADED).
BY ADV LIJU. M.P
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH MACA.1898/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
13
2025:KER:26920
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. 2839 OF 2021
AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.137 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PUNALUR
APPELLANT/4TH RESPONDENT IN OP(MV)NO.137/2014:
THE NATIONAL INSURANCE CO.LTD
PARAKADAVIL COMPLEX, PALACE ROAD, CHANGANASSERY,
KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER,
NATIONAL INSURANCE COMPANY, REGIONAL OFFICE,
OMANA TOWERS, M.G ROAD, ERNAKULAM, COCHIN-682
016.
BY ADVS.
GEORGE A.CHERIAN
GEORGE CHERIAN (SR.)(G-81)
SOUMYA FRANCIS(K/000605/2020)
RESPONDENT/PETITIONER 1 TO 3 RESPONDENTS 1, 2, 3 IN
OP(MV)NO.137/2014:
1 RAJENDRAN PILLAI
AGED 53 YEARS
S/O KOCHUNARAYANA PILLAI, NEETHU BHAVAN,
CHARIPARAMBU P.O, ITTIVA VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT, PIN-691 536, REPRESENTED
BY ANIL KUMAR, AGED 48 YEARS, S/O KOCHUNARAYANA
PILLAI, SASI VILASOM, CHARIPARAMBU P.O.ITTIVA
VILLAGE, KOTTARAKKARA TALUK,
KOLLAM DISTRICT-691 536.
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
14
2025:KER:26920
2 NITHIN RAJ,
AGED 18 YEARS
S/O RAJENDRAN PILLAI, NEETHU BHAVAN, CHARIPARAMBU
P.O, ITTIVA VILLAGE, KOTTARAKKARA TALUK,
KOLLAM DISTRICT, PIN-691 536,
3 ANIL KUMAR,
AGED 48 YEARS
S/O KUCHUNARAYANA PILLAI, SASI VILASOM,
CHARIPARAMBU P.O, ITTIVA VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT, PIN-691 536,
4 DANEESH,
S/O PUSHPA KUMAR, AGE NOT KNOWN TO THE APPELLANT,
SHAJI BHAVAN, PANGODE P.O.NEDUMANGADU,
THIRUVANANTHAPURAM DISTRICT, PIN-695 006.
5 M.C.GEORGE,
AGE AND FATHERS NAME NOT KNOWN TO THE APPELLANT,
MARANGAD KURUMPANADOM, MANDANAPPALLY
P.O.CHENGANASSERY, KOTTAYAM DISTRICT, PIN-686
546.
6 MANEESH (DIED),
S/O SASIDHARAN, SHAJI BHAVAN, AMATHARA, MYLAMOODU
P.O.NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT,
LIJI N, D/O MURALEEDHARAN, PANAVILA PUTHEN VEEDU,
ETTINKADAVU, KADAKKAR P.O.KADAKKAL VILLAGE,
KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN-691 536,
(RESPONDENT NO 3 DRIVER OF THE OFFENDING VEHICLE
DIED IN THE ACCIDENT, DUE TO THAT THE LEGAL HEIR
OF R3 HIS WIFE IMPLEADED)
BY ADV Liju MP
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH MACA.1898/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
15
2025:KER:26920
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. 2855 OF 2021
AGAINST THE AWARD DATED 07.08.2020 IN OPMV NO.138 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,PUNALUR
APPELLANT/4TH RESPONDENT IN OP(MV)NO.138/2014:
THE NATIONAL INSURANCE COMPANY LIMITED,
PARAKADAVIL COMPLEX, PALACE ROAD, CHANGANASSERY,
KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER,
NATIONAL INSURANCE COMPANY, REGIONAL OFFICE,
OMANA TOWERS, M.G. ROAD, ERNAKULAM,
COCHIN-682 016.
BY ADVS.
SEBASTIAN VARGHESE(K/141/2000)
GEORGE A.CHERIAN
GEORGE CHERIAN (SR.)(G-81)
SOUMYA FRANCIS(K/000605/2020)
RESPONDENT/PETITIONERS & RESPONDENTS 1 TO 3 IN
OP(MV)NO.138/2014:
1 KOCHUNARAYANA PILLAI,
AGED 75 YEARS
S/O.KRISHNA PILLAI, SASI VILASAM, CHARIPARAMBU
P.O., ITTIVA VILLAGE, KOTTARAKAKRA TALUK, KOLLAM
DISTRICT, PIN-691 536.
2 RAJENDRAN PILLAI,
AGED 52 YEARS
S/O.KOCHUNARAYANA PILLAI, SASI VILASAM,
CHARIPARAMBU P.O., ITTIVA VILLAGE, KOTTARAKAKRA
TALUK, KOLLAM DISTRICT, PIN-691 536.
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
16
2025:KER:26920
3 SASI KUMAR,
AGED 49 YEARS
S/O.KOCHUNARAYANA PILLAI, SASI VILASAM,
CHARIPARAMBU P.O., ITTIVA VILLAGE, KOTTARAKAKRA
TALUK, KOLLAM DISTRICT, PIN-691 536.
4 ANIL KUMAR,
AGED 47 YEARS
S/O.KOCHUNARAYANA PILLAI, SASI VILASAM,
CHARIPARAMBU P.O., ITTIVA VILLAGE, KOTTARAKAKRA
TALUK, KOLLAM DISTRICT, PIN-691 536.
5 DANEESH,
S/O.PUSHPA KUMARI, SHAJI BHAVAN, PANGODE P.O.,
NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT, PIN-695
006.
6 M.C.GEORGE,
MARANGAD KURUMPANADOM, MANDANAPPALLY P.O.,
CHENGANASSERY, KOTTAYAM DISTRICT, PIN-686 546.
7 MANEESH(DIED),
S/O.SASIDHARAN, SHAJI BHAVAN, AMATHARA, MYLAMOODU
P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT.
LIJI, D/O.MURALEEDHARAN. PANAVILA PUTHEN VEEDU,
ETTINKADAVU, KADAKKAL P.O., KADAKKAL VILLAGE,
KOTTARAKKARA TALUK, PIN-691 536, (RESPONDENT NO.3
DRIVER OF THE OFFENDING VEHICLE DIED IN THE
ACCIDENT. DUE TO THAT THE LEGAL HEIR OF R3 HIS
WIFE IMPLEADED).
BY ADV LIJU. M.P
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2025, ALONG WITH MACA.1898/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
17
2025:KER:26920
EASWARAN S., J.
---------------------------------------------------------
MACA Nos.1898, 1803, 1861, 2565, 2598,
2828, 2839, and 2855 of 2021
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Dated this the 19th day of March, 2025
JUDGMENT
These appeals raise a common question and hence being
considered together by this common judgment. One accident lead
to nine claim petitions being filed before two different Motor
Accidents Claims Tribunal. OP(MV)Nos.133/2014 to 138/2014 was
filed before the Motor Accidents Claims Tribunal, Punalur, whereas
OP(MV)Nos.1115/2013, 1117/2013 and 1123/2013 were preferred
before the Motor Accidents Claims Tribunal, Attingal.
2. The brief facts necessary for the disposal of these
appeals are as follows:
On 28.12.2012 at about 6.35 AM, a Qualis car bearing
Reg.No.KL-07AP/4365 was travelling from Thiruvananthapuram -
Chariparambu through MC road from south to north direction and
when it reached Nilamel Junction, in front of Sree Dharma Sastha
Temple, it dashed against a KSRTC bus bearing Reg.No.KL-
15/7951. Due to the impact, eight persons travelling in the Qualis
car succumbed to the injury, whereas only one co-passenger
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
survived with severe injuries. OP(MV)Nos.133/2014 to 138/2014
were preferred before the Motor Accidents Claims Tribunal, Punalur.
In the same set of accident, three other claim petitions were also
lodged before the Motor Accidents Claims Tribunal, Attingal. In all
the cases, the Insurance Company took a common defence that
they are not liable to indemnify the owner in respect of claims
arising out of the vehicle bearing Reg.No.KL-07AP/4365, for the
reason that the vehicle was initially registered as a taxi vehicle and
an insurance policy was issued, and later on 30.10.2012, the
vehicle was converted into a private vehicle and the transfer,
registration and conversion to the vehicle was not intimated to the
insurer. Therefore no vehicle was converted to a private vehicle,
the policy will not cover the passengers of the private vehicle, since
they are considered to be gratuitous passengers. The Motor
Accidents Claims Tribunal negated these contentions on the ground
that there is a deemed transfer of the insurance policy and
proceeded to consider the case on merits and allowed the claim
petitions.
3. In one of the appeals, MACA No.1803/2021, the
Insurance Company has questioned the award passed by the Motor
Accidents Claims Tribunal, Attingal, on the ground that the claim on
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
account of the death of one late Sunisha was already pending
before the Motor Accidents Claims Tribunal, Punalur, in
OP(MV)No.135/2014 at the instance of Kochunarayana Pillai the
father-in-law of the deceased victim sunisha and therefore the
claim petition preferred by her father and sister namely, Sundaran
Pillai and Monisha, is not maintainable. In support of the said
contention, the Insurance Company also placed reliance on the
settlement arrived between the parties before this Court in
W.P(C)No.23737/2013, wherein Sundaran Pillai had relinquished
his claim. However, despite this objection, the Tribunal had
proceeded to consider the claims on merits and allowed the claim
petitions and therefore, there is duplication. In all other appeals, a
common ground is raised as stated above, stating that once the
vehicle is converted to a private vehicle then the passengers inside
the private vehicle are not covered, since they become gratuitous
passengers.
4. Heard, Sri.George A.Cherian - learned Senior Counsel,
assisted by Smt.Latha Susan Cherian appearing for the appellant;
Sri.Rajan P.Kaliyath - learned counsel appearing for the respondent
New India Assurance Company Ltd. in MACA Nos.1803/2021, and
1898/2021; Sri.Alex Antony Sebastian P.A. - learned counsel
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
appearing for the KSRTC in MACA Nos.1803/2021 and 1898/2021;
Sri.R.Anilkumar - learned counsel appearing for the 3 rd respondent
in MACA Nos.1803/2021 and 2nd respondent in MACA
Nos.1861/2021; and Sri.Liju M.P. - learned counsel appearing for
respondents 1 to 4 in MACA Nos.2855/2021 and 2565/2021,
respondents 1 to 3 in MACA Nos.2598/2021 and 2839/2021 and 1st
respondent in MACA Nos.1861/2021 and 2828/2021.
5. On a consideration of the rival submissions raised across
the Bar, it becomes imperative for this Court to hold that the
contention raised on behalf of the Insurance Company has to fail
for the reason that the original contract of insurance entered
between the parties in respect of the vehicle covered the eight
number of passengers. It is admitted that when the accident
occurred, there were no excess passengers inside the vehicle. The
question to be considered by this Court is as to whether, when the
nature of the vehicle is changed from that of a taxi vehicle to that
of a private vehicle, whether the contract of insurance would also
automatically change. At the first blush, the argument raised on
behalf of the Insurance Company may be appealing. However, on
a close scrutiny it is not so. When the contract of insurance was
initially entered into between the parties, the insurance company
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
consciously allowed the coverage of the vehicle along with eight
passengers. It is true that on 30.10.2012, the nature of the vehicle
was changed from a taxi to that of a private vehicle. Even if it is
assumed that the nature of the vehicle has been changed, unless
there is a corresponding change in the contract of insurance
limiting the liability of the Insurance Company, it cannot escape the
liability under the original contract of insurance. It is admitted
that, when the accident took place there was a valid insurance
policy covering the vehicle. If that be so, the contention of the
Insurance Company becomes untenable and accordingly, the same
is liable to be rejected.
6. However, having said so, insofar as MACA
No.1803/2021 is concerned, the inescapable conclusion is that
there is a duplication of claim on account of the death of late
Sunisha. It is admitted that there was dispute among the legal
heirs of deceased Sunisha as regards the entitlement to claim the
compensation on account of her death. The claimant in OP(MV)
No.1115/2013 filed W.P.(C)No.23737/2013 questioning the
issuance of legal heirship certificate to father-in law of late Sunisha.
When the writ petition was pending, the issues were settled among
themselves in the mediation and settlement was recorded by this
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
Court and writ petition was disposed of in terms of the settlement,
finding that Sundaram Pillai, the claimant in OP(MV)No.1115/2013
before the Motor Accidents Claims Tribunal, Attingal, has
relinquished his claim. This settlement was recorded on 24.07.
2014. Thereafter, it was open for him to have the claim contested
before the Tribunal on merits. It is pertinent to mention that
Kochunarayana Pillai, the father-in-law of late Sunisha, had by that
time preferred OP(MV)No.135/2013 before the Motor Accidents
Claims Tribunal, Punalur and thus the father of late Sunisha could
not have proceeded further before the Motor Accidents Claims
Tribunal, Attingal. Hence, this court is of the view that MACA
No.1803/2021 is liable to be allowed and the award passed in
OP(MV)No.1115/2013 on the file of Motor Accidents Claims
Tribunal, Attingal is liable to be dismissed.
7. Although this Court has rejected the contention raised
on behalf of the Insurance Company that the liability under the
contract of insurance cannot be mulcted on them because of the
nature of the policy, this Court cannot but notice the fact that even
while considering the claim on merits, the Tribunal has ignored the
principles laid down by the Hon'ble Supreme Court in
Ramachandrappa v. Manager, Royal Sundaram Alliance
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
Insurance Company Ltd. [(2011) 13 SCC 236] and fixed the
income much less than that of which ought to have been fixed by
the Tribunal. Still further as regards the claim under
OP(MV)No.135/2014, the Tribunal did not notice the fact that late
Sunisha was survived by her husband and father-in-law and thus
deducted one-half of the amount towards personal expenses which
is impermissible going by the decision of the Hon'ble Supreme
Court in Sarla Verma v. Delhi Transport Corporation [2010
(2) KLT 802 (SC)].
8. Therefore it becomes inevitable for this court to enhance
the compensation. It is true that the claimants have not preferred
any appeal against the award passed by the Tribunal, but that by
itself will not deter this Court from invoking the powers under Order
XLl Rule 33 of the Code of Civil Procedure, 1908, and increase the
notional income fixed by the Tribunal and rework the quantum of
compensation to which they are entitled to. This, according to this
Court, is imperative in the nature of the pleadings before the
Tribunal and also considering the findings rendered by the Tribunal
in this regard. Once this Court has found that the fixation of the
notional income is incorrect, and it requires revision, the same had
to be done individually in each case. The option available before
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
this Court is to remand the matter back to the Tribunal for refixing
the quantum of compensation in accordance with the principles laid
down by the Hon'ble Supreme Court in Ramachandrappa (supra).
However, considering the fact that the accident took place on
28.12.2012 and that nearly 12 years have been lapsed from the
date of accident, this Court is not inclined to remand the matter
back to the Tribunal and put the claimants to the ordeal of a retrial.
9. Accordingly, this Court is of the view that the reworking
of the compensation is required to be done here itself and hence
this Court proceeds to consider the reworking of the compensation
as per the tables given below:
MACA No.2828/2021 (OP(MV)No.133/2014)
Heads Amount Total Enhanced
awarded by compensation amount of
the awarded in compensation
Tribunal appeal
Funeral expenses 15,000/- 18,000/- 3,000/-
[18,000-15,000]
Compensation for 10,000/- 15,000/- 5,000/-
Pain and suffering [15,000-10,000]
Loss of estate Nil 18,000/- 18,000/-
Loss of 4,05,000/- 10,71,000/- 6,66,000/-
dependency/compens [11,900x12x [10,71,000-
ation for the loss due 15/2] 4,05,000]
to death
Total 6,92,000/-
MACA No.2565/2021 (OP(MV)No.134/2014)
Heads Amount Total Enhanced
awarded compensation amount of
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
by the awarded in compensation
Tribunal appeal
Funeral expenses 15,000 18,000/- 3,000/-
[18,000-15,000]
Compensation for 10,000/- 15,000/- 5,000/-
Pain and suffering [15,000-10,000]
Compensation for loss 15,000/- 18,000/- 3,000/-
of estate [18,000-,15,000]
Compensation for loss 1,60,000/- 192,000/- 32,000/-
of consortium [1,92,000-
1,60,000]
Compensation for loss 2,83,500/- 5,35,500/- 2,52,000/-
of dependency [8500x12x7x3/4] [5,35,500-
2,83,500]
Total 2,95,000/-
MACA No.1861/2021 [OP(MV)No.135/2014]
Heads Amount Total Enhanced
awarded compensation amount of
by the awarded in compensation
Tribunal appeal
Funeral expenses 15,000 18,000/- 3,000/-
[18,000-15,000]
Compensation for 10,000/- 15,000/- 5,000/-
pain and suffering [15,000-10,000]
Compensation for loss 15,000/- 18,000/- 3,000/-
of estate [18,000-,15,000]
Loss of dependency 30,13,063/- 40,74,084/- 10,61,021/-
[359478x17x2/3] [40,74,084-
30,13,063]
Total 10,72,021/-
MACA No.2598/2021 [OP(MV)No.136/2014]
Heads Amount Total Enhanced
awarded compensation amount of
by the awarded in compensation
Tribunal appeal
Funeral expenses 15,000 18,000/- 3,000/-
[18,000-15,000]
Compensation for 10,000/- 15,000/- 5,000/-
pain and suffering [15,000-10,000]
Compensation for 15,000/- 18,000/- 3,000/-
loss of estate [18,000-,15,000]
Loss of consortium 80,000/- 96,000/- 16,000/-
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
[48,000X2] [96,000-80,000]
Loss of dependency 10,50,000/- 11,90,000/- 1,40,000/-
[10,625x12x14x2/ [11,90,000-
3] 10,50,000]
Total 1,67,000/-
MACA No.2839/2021 [OP(MV)No.137/2014]
Heads Amount Total Enhanced
awarded compensation amount of
by the awarded in compensation
Tribunal appeal
Funeral expenses 15,000/- 18,000/- 3,000/-
[18,000-15,000]
Compensation for 20,000/- 25,000/- 5,000/-
pain and suffering [25,000-20,000]
Compensation for loss 15,000/- 18,000/- 3,000/-
of estate [18,000-,15,000]
Loss of consortium 40,000 96,000/- 56,000/-
[48000X2] [96,000-40,000]
Loss of dependency 6,80,400 12,85,200/- 6,04,800/-
[11900x12x18X1/ [12,85,200-
2] 6,80,400]
Total 6,71,800/-
MACA No.2855/2021 [OP(MV)No.138/2014]
Heads Amount Total Enhanced
awarded compensation amount of
by the awarded in compensation
Tribunal appeal
Funeral expenses 15,000/- 18,000/- 3,000/-
[18,000-15,000]
Compensation for 10,000/- 15,000/- 5,000/-
pain and suffering [15,000-10,000]
Compensation for 15,000/- 18,000/- 3,000/-
loss of estate [18,000-,15,000]
Loss of consortium 40,000 48,000/- 8,000/-
[48,000-40,000]
Loss of dependency 45,49,335 ........
Total 19,000/-
In the result, MACA No.1803/2021 stands allowed and the
MACA Nos.1898, 1803,
1861, 2565, 2598,
2828, 2839, and
2855 of 2021
2025:KER:26920
award passed by the Motor Accidents Claims Tribunal, Attingal, in
OP(MV)No.1115/2013 is set aside. All other appeals, i.e. MACA
Nos.1898, 1861, 2565, 2598, 2828, 2839, and 2855 of 2021 will
accordingly stand dismissed, however the claimants in each case
will be entitled to enhanced compensation as provided in the table
above with proportionate cost and interest as granted by the
Tribunal. The insurance company is directed to deposit the amount
before the Tribunal within a period of two months from the date of
receipt of a copy of this judgment. On deposit, the Tribunal shall
issue notice to the claimants and release the amount in accordance
with law.
Sd/-
EASWARAN S.
JUDGE
ACR
