Kerala High Court

The Oriental Insurance Co. Ltd vs Jisili on 10 October, 2025

MACA NO. 3315 OF 2015

                                 1


                                                2025:KER:75327


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

   FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947

                     MACA NO. 3315 OF 2015

 AGAINST THE AWARD DATED 11.09.2015 IN OP(MV) NO.1175 OF 2009

          OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI

APPELLANT/3RD RESPONDENT :-

          THE ORIENTAL INSURANCE CO. LTD.
          MANJERI, REPRESENTED BY ITS REGIONAL MANAGER,
          REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI - 18.

          BY ADVS.
          SRI.GEORGE CHERIAN (SR.)
          SMT.LATHA SUSAN CHERIAN
          SMT.K.S.SANTHI

RESPONDENTS/CLAIMANTS :-

    1     JISILI, W/O. DECEASED CHANDRAN M.I, MANAKKADAN (H),
          VARAKKULAM, P.O.MANIMOOLI, NILAMBUR TALUK,
          MALAPPURAM DISTRICT - 679 333.

    2     ANANYA M.I (MINOR), D/O. DECEASED CHANDRAN M.I,,
          MANAKKADAN (H), VARAKKULAM, P.O.MANIMOOLI,
          NILAMBUR TALUK, MALAPPURAM DISTRICT
          (REPRESENTED BY GUARDIAN/MOTHER JISILI) - 679 333.

    3     AYANA M.I (MINOR), D/O. DECEASED CHANDRAN M.I,,
          MANAKKADAN (H), VARAKKULAM, P.O.MANIMOOLI, NILAMBUR
          TALUK, MALAPPURAM DISTRICT
          (REPRESENTED BY GUARDIAN/MOTHER JISILI) - 679 333.
 MACA NO. 3315 OF 2015

                              2


                                                2025:KER:75327


    4     ITTYATHAN, S/O. KUMMINI, FATHER OF DECEASED
          MANAKKADAN HUSE, VARAKKULAM, P.O.MANIMOOLI,
          NILAMBUR TALUK, MALAPPURAM DISTRICT - 679 333.

    5     KOTTIKUTTY, W/O. ITTYATHAN, MOTHER OF DECEASED,
          MANAKKADAN HOUSE, VARAKKULAM, P.O.MANIMOOLI,
          NILAMBUR TALUK, MALAPPURAM DISTRICT - 679 333.

          BY ADVS.
          SHRI.K.C.ANTONY MATHEW
          SHRI.JITHIN LUKOSE
          SRI.P.SAMSUDIN


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 10.10.2025, ALONG WITH CO.18/2016, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 3315 OF 2015

                                 3


                                                2025:KER:75327



           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

   FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947

                        CO NO. 18 OF 2016

 AGAINST THE AWARD DATED 11.09.2015 IN OP(MV) NO.1175 OF 2009

          OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI



CROSS OBJECTORS/RESPONDENTS :-

    1     JISILI, AGED 28 YEARS
          W/O. DECEASED CHANDRAN M.I.

    2     ANANYA.M.I., AGED 9 YEARS
          D/O.DECEASED CHANDRAN M.I.,
          (MINOR REPRESENTED BY GUARDIAN/MOTHER JISILI).

    3     AYANA.M.I., AGED 6 YEARS
          D/O.DECEASED CHANDRAN M.I.,
          (MINOR REPRESENTED BY GUARDIAN/MOTHER JISILI).

    4     ITTYATHAN, AGED 68 YEARS
          S/O.KUMMINI, F/O.DECEASED CHANDRAN.M.I.

    5     KOTTIKUTTY, AGED 58 YEARS
          W/O.ITTYATHAN, M/O.DECEASED CHANDRAN.M.I.
          (ALL ARE RESIDING AT MANAKKADAN (H), VARAKULAM
          P.O.,MANIMOOLI, NILAMBUR, MALAPPURAM DISTRICT.)

          BY ADVS.
          SRI.P.SAMSUDIN
          SHRI.K.C.ANTONY MATHEW
 MACA NO. 3315 OF 2015

                               4


                                                2025:KER:75327


          SHRI.JITHIN LUKOSE

RESPONDENT/APPELLANT :-

          THE ORIENTAL INSURANCE CO. LTD.
          MANJERI, REPRESENTED BY ITS REGIONAL MANAGER,
          REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-682018.

          BY ADV SMT.K.S.SANTHI

     THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY
HEARD ON 10.10.2025, ALONG WITH MACA.3315/2015, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 3315 OF 2015

                                  5


                                                     2025:KER:75327


                           JUDGMENT

The above appeal is filed by the appellant/3rd respondent

insurance company challenging the quantum of compensation

awarded by the Motor Accidents Claimants Tribunal, Manjeri in

O.P.(MV) No.1175 of 2009. The Cross Objection is filed by the

claimants seeking enhancement of compensation awarded by the

tribunal.

2. According to the cross objectors/claimants, on 10.06.2009

at about 01.45 pm, while the deceased was driving the pickup lorry

bearing Reg. No. KL-13-K 6678, a bus bearing registration No.KL-

10-SS-7028 driven by the first respondent in a rash and negligent

manner hit against the pickup lorry. As a result of the accident, the

deceased sustained serious injuries and succumbed to the injuries.

The claimants approached the tribunal claiming a total

compensation of ₹11,00,000/-.

3. The first and second respondents/driver and the owner of

the offending vehicle respectively, remained ex parte before the

tribunal. The 3rd respondent, insurer filed a written statement, MACA NO. 3315 OF 2015

2025:KER:75327

admitting the policy, but disputing the quantum of compensation

claimed. Before the tribunal, PW1 was examined. Exts.A1 to A6(a)

were marked. The tribunal, after analysing the pleadings and

materials on record, awarded a sum of ₹17,54,250/- rounded to

₹17,54,500/- as compensation under different heads with interest

@9% per annum from the date of petition till realization, against

the respondent being the insurer. Challenging the compensation

awarded by the tribunal, the insurer as well as the claimants have

come up with this appeal and the cross objection respectively.

4. I have heard the learned standing counsel appearing for

the appellants/insurance company and the learned counsel

appearing for the cross objectors/claimants.

5. The learned counsel for the appellant/insurer and claimants

challenges the quantum mainly under the following heads :-

Notional income :- The learned counsel for the cross

objectors submitted that an amount of ₹6,000/- was claimed, the

tribunal took an amount of ₹6,000/- as the monthly income of the

deceased. It is further submitted that the wife of the deceased

mounted the box and during cross examination deposed that her MACA NO. 3315 OF 2015

2025:KER:75327

husband was earning an amount of ₹10,000/- per month. The

learned counsel for the claimants further submitted that even going

by the judgment in Ramachandrappa v. Manager, Royal

Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC

236], the monthly income of a coolie during the year 2009 is

notionally fixed at ₹7,000/- and sought for enhancement. The

learned counsel for the cross objectors has also relied on the

judgment of the apex court in Nur Ahamad Abdulsab Kanavi v.

Badul Munaf [2025 KHC OnLine 7115] and submitted that the oral

evidence regarding income should be accepted and given weight in

the absence of contradictory material. In the facts of the case in the

afore judgment, the claimant had claimed an income of ₹10,000/-

per month before the accident. In the present case, the income

claimed is only ₹6,000/- per month. Hence, the judgment relied on

by the claimant is not applicable in the present case. Considering

the fact that the deceased was a driver of the pickup van and the

accident was in the year 2009, in order to award a just

compensation, I find it appropriate to refix the income as ₹8,500/-.

Compensation for loss of dependency :- The deceased was MACA NO. 3315 OF 2015

2025:KER:75327

aged 37 years at the time of accident. Going by the judgment in

National Insurance Co. Ltd. v. Pranay Sethi & Ors [2017 (4)

KLT 662 (SC)], the claimants are entitled to add 40% of the income

fixed towards future prospects. Since the notional income is fixed at

₹8,500/-, by adding 40% towards future prospects, the income is

recalculated as ₹11,900/- for the purpose of awarding compensation

under the head loss of dependency. Accordingly, following the apex

court judgments in Pranay Sethi (supra) and Sarla Verma v.

Delhi Transport Corporation [2010(2) KLT 802(SC)], the

compensation payable under the said head is recalculated as thus:

₹16,06,500/- (11,900 x 12 x 15 x 3/4). The tribunal has already paid

an amount of ₹12,15,000/- under the said head. Thus, there will be

an additional amount of ₹3,91,500/- under the head loss of

dependency.

Compensation for funeral expenses :- The learned

standing counsel appearing for the appellant submitted that going

by the judgment in Pranay Sethi (supra), the claimants are

entitled for a total compensation of ₹15,000/- under the said head.

The tribunal has already awarded an amount of ₹25,000/- under the MACA NO. 3315 OF 2015

2025:KER:75327

said head. Thus, there will be a deduction of ₹10,000/- under the

afore head.

Compensation for loss of estate :- On a perusal of the award,

it is seen that the tribunal has not awarded any amount towards

loss of estate. Following the judgment in Pranay Sethi (supra), the

compensation under loss of estate ought to have been ₹15,000/- and

further, 10% enhancement has to be given in a span of three years

after 2017. Thus, I deem it appropriate to award the claimants a

total compensation of ₹18,150/- towards loss of estate. Therefore,

the claimants will be entitled for an amount of ₹18,150/- under the

afore head.

Compensation for loss of consortium/ Loss of love and

affection:-. The learned counsel for the cross objectors submitted

that the tribunal has awarded only an amount of ₹1,00,000/-

towards loss of consortium. Considering the fact that there are five

legal heirs, going by the judgment in Pranay Sethi (supra), I find

that the claimants are entitled for a total amount of ₹2,00,000/-

(40,000x5) towards loss of consortium. Therefore, there will be an

additional amount of ₹1,00,000/- under the head loss of MACA NO. 3315 OF 2015

2025:KER:75327

consortium.

The learned counsel appearing for the insurer submitted that

the tribunal has awarded an amount of ₹4,10,000/- towards loss of

love and affection, which is against the principle laid down in the

judgment in New India Assurance Company v. Somwati and

others [2020 (5) KLT OnLine 1198 (SC)], wherein it has been held

that once compensation is awarded under the head loss of

consortium, no amount shall be awarded under the head loss of love

and affection, as it would amount to duplication of compensation.

Hence I am inclined to delete ₹4,10,000/- awarded under the said

head.

6. Though the cross objectors claimed compensation under

other heads, on a perusal of the records available, I am not inclined

to interfere with the compensation awarded by the tribunal under

other heads since it appears to be just and reasonable. Since the

appeal is of the year 2015, I find it appropriate to fix the interest

@8% per annum on the enhanced amount.

7. Thus, the impugned award of the tribunal is modified as

follows:

MACA NO. 3315 OF 2015

2025:KER:75327

Sl.

No         Head of Claim        Amount           Amount     Modified in      Total
                                claimed          awarded     appeal       compensation
                                                  by the
                                                 tribunal


1       Transport to hospital     5,000           3,500        (not          3,500
                                                             modified)


        and articles                                         modified)

3       Loss of consortium         Nil           1,00,000    1,00,000       2,00,000

4       Love and affection      2,45,000         4,10,000    4,10,000       deleted
                                                                (-)

5       Loss of estate             Nil             Nil        18,150         18,150

6       Funeral expenses         29,000          25,000      10,000(-)       15,000

7       Loss of dependency      8,00,000     12,15,000       3,91,500      16,06,500

               TOTAL            11,00,000    17,54,250        89,650       18,43,900

Accordingly, the appeal and cross objection are allowed in

part and the claimants/cross objectors are awarded an additional

amount of ₹89,650/- (Rupees eighty nine thousand six hundred and

fifty only) over and above the compensation awarded by the

tribunal with interest @8% per annum from the date of petition till

realization and proportionate costs. The appellant/3 rd respondent

insurer shall deposit the said amount together with interest and MACA NO. 3315 OF 2015

2025:KER:75327

costs within a period of two months from the date of receipt of a

certified copy of this judgment. The claimants/cross objectors shall

furnish copies of the PAN Card, ADHAAR Card and bank details

before the respondent insurer within a period of one month so as to

enable the respondent insurance company to make the deposit as

ordered above. In case of failure to furnish details as above, it shall

be open for the insurance company to deposit the said amount

before the tribunal. Upon such deposit being made, the entire

amount shall be disbursed to the claimants at the earliest in

accordance with law.