Kerala High Court
Saravan vs Kumar on 15 October, 2025
2025:KER:76543
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
MACA NO. 1578 OF 2013
AGAINST THE AWARD DATED 31.10.2012 IN OPMV NO.85 OF
2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA
APPELLANTS/ PETITIONERS:
1 SARAVAN, AGED 45 YEARS
S/O.PALANISWAMY, KOCHUPARAMBIL HOUSE, POOVARANY
P O, POOVARANI VILLAGE, MEENACHIL TALUK,
KOTTAYAM DIST
2 BHANUMATHY, AGED 40 YEARS
W/O.SARAVAN, S/O.PALANISWAMY, KOCHUPARAMBIL
HOUSE, POOVARANY P O, POOVARANI VILLAGE,
MEENACHIL TALUK, KOTTAYAM DIST
BY ADV SHRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENTS/ RESPONDENTS:
1 KUMAR
S/O.KKUMARESAN,PUTHUVELIL HOUSE, BONAMI
PUTHULAYAM, BONANI KARA, ELAPPARA VILLAGE,
IDUKKI DIST, PIN-685501
2 PARAMESWARAN N S
NADUVILA HOUSE, VAZHAKKALA, THRIKKAKKARA P O,
THRIKKAKARA, PIN-682028,ERNAKULAM DISTRICT, PIN
685 501.
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: 2 :
3 THE NEW INDIA ASSURANCE CO LTD
REP BY ITS DIVISIONAL MANAGER, KOTTAYAM DIST,
PIN-686001
SRI.N.S.NAJEEB-SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 15.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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: 3 :
JUDGMENT
(Dated this the 15th day of October, 2025)
This appeal is filed by the appellants/claimants in O.P
(MV) No.85 of 2010 on the file of the Motor Accidents Claims
Tribunal, Pala. The respondents herein are the respondents
before the tribunal.
2. The case of the claimants is that, on 15.08.2009,
while the deceased was travelling in an auto bearing
Registration No. KL-7/BL 987, driven by the first respondent
in a rash and negligent manner, the vehicle lost control and
overturned. As a result, the deceased sustained serious
injuries and later succumbed to his injuries. The legal heirs
approached the tribunal claiming a total compensation of
₹6,78,000/- limited to ₹6,00,000/-.
3. Respondents 1 and 2, who are the driver and the
insured of the offending vehicle respectively, remained ex
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parte before the tribunal. The third respondent Insurance
Company filed a written statement contending that the
insured had not intimated the accident to the insurer and the
vehicle had no valid permit to conduct service in Idukki
District at the time of the accident. It was also contended
that the vehicle was carrying 6 passengers, which was in
violation of policy conditions. Before the tribunal, PWs 1 & 2
were examined and Ext.A6 and B1 were marked. The
Tribunal, after analysing the pleadings and materials on
record, held that the accident took place on account of the
negligence of the rider of the offending vehicle and awarded
a total compensation of ₹2,01,500/- as compensation under
different heads with interest @7.5% per annum from the date
of petition till realization, against the 3 rd respondent being
the insurer and recover the same from respondents 1 and 2.
Dissatisfied with the quantum of compensation awarded by
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the tribunal, the claimants/legal heirs of the deceased have
come up in appeal.
4. I have heard the learned counsel for the
appellants and the learned standing counsel appearing for
the insurer. Though notice was served on respondents 1 and
2 and paper publication was made with respect to the 2 nd
respondent, they have chosen not to appear before this
Court.
5. The appellants claim enhancement mainly under
the following heads :-
Notional income :- The learned counsel for the
appellants submitted that the deceased was aged 15 years
old at the time of the accident and claimed an amount of
₹3,000/-, stating that the minor boy was also engaged in
distributing newspapers. It is further submitted that even
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going by the judgment in Ramachandrappa v. Manager,
Royal Sundaram Alliance Insurance Co. Ltd. [2011 (13)
SCC 236], the monthly income of the coolie during the year
2009 ought to have been fixed at ₹7,000/- and sought for
enhancement of the income. Considering the fact that the
deceased was a minor, I find it is appropriate to re-fix the
monthly income as ₹8,000/-. Furthermore, since the deceased
was aged 15 years at the time of the accident, following the
apex court judgment in National Insurance Co. Ltd v.
Pranay Sethi & Ors [2017 (4) KLT 662 SC] an addition of
40% towards future prospects is justified. Accordingly, by
adding 40% to the income now fixed, the amount would be
₹11,200/- ( ₹8,000 + 40% of ₹8,000) for calculating loss of
dependency.
Loss of Dependency :- On a perusal of the award it
is seen that the tribunal has deducted only 1/3 rd towards
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personal and living expenses, whereas, the deceased was
minor aged 15 years at the time of the accident and the
deduction to be made towards personal and living expenses
is 50% and the multiplier to be adopted is '18' and not '15'.
Since the monthly income after adding 40% future prospects
is fixed at ₹11,200/-, following the judgments of the apex
court in Pranay Sethi (supra) and Sarla Verma v. Delhi
Transport Corporation [2010(2) KLT 802(SC)], the
compensation payable under the head is recalculated thus:
₹12,09,600/- (11,200 x 12 x 18 x 1/2) as the total
compensation payable. The tribunal has awarded an amount
of ₹1,50,000/- under the head loss of dependency. Thus,
there will be an additional amount of ₹10,59,600/- under the
afore head.
Loss of estate:- It is submitted by the learned Counsel
for the claimants that the Tribunal has awarded an amount of
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₹2,500/- towards loss of estate. As per the judgment in
Pranay Sethi (supra) the claimants are entitled for an
amount of ₹15,000/- and further, 10% enhancement has to be
given in every three years after 2017, totalling it to an
amount of ₹18,150/-. Since the tribunal has already awarded
a total amount of ₹2,500/- under this head, the claimants will
be entitled to get an additional compensation of ₹15,650/-
towards loss of estate.
Compensation for funeral expenses :- The learned
counsel appearing for the claimants submitted that going by
the judgment in Pranay Sethi (supra), the claimants are
entitled for a total compensation of ₹15,000/- and further,
10% enhancement has to be given in a span of three years
after 2017. Thus, following the judgment in Pranay Sethi
(supra), I deem it appropriate to award the claimants a total
compensation of ₹18,150/- towards funeral expenses. Since,
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the tribunal has awarded only an amount of ₹5,000/- for
funeral expenses, there will be an additional amount of
₹13,150/- under the afore head.
Loss of consortium/Loss of Love and Affection:-
The learned counsel for the appellants submitted that the
tribunal has not awarded any amount towards loss of
consortium, whereas, the legal heirs being two in number are
entitled to get a compensation of ₹40,000/- each, totalling to
₹80,000/-. Following the judgment in Pranay Sethi (Supra),
I find that the claimants are also entitled to get 10%
enhancement in a span of three years after 2017.
Accordingly, the claimants are awarded a compensation of
₹48,400/- each towards loss of consortium, totalling to
₹96,800/- (48,400 x 2).
The learned standing counsel for the insurance
company submitted that the Tribunal had awarded an
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amount of ₹20,000/- under the head loss of love and
affection. In New India Assurance Company v. Somwati
and others [2020 KHC 6530], it has been held by the Apex
Court 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. Accordingly, I delete ₹20,000/-
awarded by the Tribunal under the head loss of love and
affection.
6. Though the appellants claimed enhancement of
compensation under the 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 2013, I find it appropriate to fix the interest @ 7%
per annum on the enhanced amount.
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7. Thus, the impugned award of the tribunal is
modified as follows:-
Sl Head of Amount Amount Modified Total
. Claim claimed awarded in appeal compensa
N by the tion
o tribunal
1 Loss of Nil Nil Nil Not
earnings entitled
2 Partial loss of Nil Nil Nil Nil
earnings
3 Transport to 5,000 2,000 Not 2,000
hospital modified
4 Extra 1,000 Nil Ni Nil
nourishment
clothing and modified
articles
6 Bystander 1,000 1,000 Not 1,000
expenses modified
7 Treatment 10,000 Nil Nil Nil
expenses
8 Funeral 50,000 5,000 13,150 18,150
expenses
expenses modified
(paper
publication)
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10 Pain and 1,00,000 20,000 Not 20,000
sufferings modified
11 Loss 3,60,000 1,50,000 10,59,600 12,09,600
dependenc
y
12 Loss of 50,000 2,500 15,650 18,150
estate
13 Loss of 1,00,000 20,000 (-)20,000 delete
love and
affection
14 Loss of - - 96,800 96,800
consortium
TOTAL ₹6,78,000 2,01,500 11,65,200 13,66,700
limited to
₹6,00,000
Accordingly, the appeal is allowed in part and the
appellants/claimants are awarded an additional
compensation of ₹11,65,200/- (Rupees Eleven lakhs sixty
five thousand two hundred only) over and above the
compensation awarded by the tribunal with interest @7% per
annum from the date of petition till realization and
proportionate costs. The respondent insurer shall deposit the
said amount together with interest and costs within a period
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of two months from the date of receipt of a certified copy of
this judgment and recover the same from respondents 1 and
2. The claimants 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
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 appellants at the earliest in
accordance with law. However, it is made clear that the
enhanced compensation will not carry interest for the period
of delay of 169 days in filing the appeal.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SRJ
