Kerala High Court
Jasmin vs Rajan P.K on 8 September, 2025
M.A.C.A.No.965 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
MACA NO. 965 OF 2020
AGAINST THE AWARD DATED 13/05/2019 IN OPMV NO.1191 OF
2016 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
MANJERI.
APPELLANTS/PETITIONER:
1 JASMIN
AGED 54 YEARS,
W/O.ABDUL KAREEM (LATE),
VALIYAPEEDIYAKKAL HOUSE, KARUVATTA,
POROOR P.O., MALAPPURAM DISTRICT.
2 MUHAMMED SHIYAS
AGED 38 YEARS,
S/O.ABDUL KAREEM (LATE),
VALIYAPEEDIYAKKAL HOUSE, KARUVATTA,
POROOR P.O., MALAPPURAM DISTRICT.
3 RIYAS AHAMMED V.P.
AGED 32 YEARS,
S/O.ABDUL KAREEM (LATE),
VALIYAPEEDIYAKKAL HOUSE, KARUVATTA,
POROOR P.O., MALAPPURAM DISTRICT.
4 AHAMMED SHANU
AGED 31 YEARS,
S/O.ABDUL KAREEM (LATE),
VALIYAPEEDIYAKKAL HOUSE,
KARUVATTA, POROOR P.O.,
MALAPPURAM DISTRICT.
BY ADV SRI.K.RAKESH
M.A.C.A.No.965 of 2020
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RESPONDENTS/RESPONDENTS:
1 RAJAN P.K.
S/O.KUMARAN, PLACHUPARAMBIL HOUSE,
AVANISSERI, AMBADI NAGAR,
THRISSUR DISTRICT, PIN - 680 306.
2 DIRECTOR,
VAIDYARATNAM OUSHADASALA PRIVATE LIMITED,
THAIKKATTUSSERY P.O.,
OLLURE, THRISSUR DISTRICT, PIN - 680 306.
3 THE NEW INDIA ASSURANCE COMPANY LTD.
ERNAKULAM BRANCH, SECOND FLOOR,
YASORAM VICTONA TOWERS, BANARJEE ROAD,
KACHERIPADY, ERNAKULAM DISTRICT, KOCHI,
PIN - 682 018, REPRESENTED BY ITS BRANCH MANAGER.
BY ADV SRI.K.C.SANTHOSHKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 08.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.965 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.965 of 2020
----------------------------------------------------
Dated this the 8th day of September 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.1191/2016 on the file of the Motor Accidents
Claims Tribunal, Manjeri (the Tribunal), aggrieved by the amount
of compensation granted by Award dated 13/05/2019. The
respondents herein are the respondents in the petition. In this
appeal, the parties and the documents will be referred to as
described in the original petition.
2. The claim petitioners are the wife and children
of deceased Abdul Kareem. According to the claim petitioners,
on 12/01/2016 at about 11:00 a.m., while the deceased was riding
motorcycle bearing registration no.KL-08-AC-2616 from
Vaniyambalam to Wandoor, and when he reached Karikundi
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bypass junction, lorry bearing registration no.KL-08/BD-641
driven by the first respondent knocked him down, as a result of
which he sustained grievous injuries to which he succumbed on
20/09/2016.
3. All the respondents filed written statements
admitting the policy but denying negligence on the part of the
first respondent/driver. It was contended that the deceased died
due to asthma and cardiac arrest and not due to the accident. The
averments in the petition regarding age, employment and income
of the deceased were disputed. The amount claimed under
various heads was contended to be exorbitant.
4. Before the Tribunal, no oral evidence was
adduced by either side. Exts.A1 to A7 were marked on the side of
the claim petitioners. Ext.B1 was marked on the side of the
respondents.
5. The Tribunal on consideration of the
documentary evidence and after hearing both sides, found
negligence on the part of the first respondent-driver of the
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offending vehicle resulting in the incident and hence awarded an
amount of ₹21,93,000/- together with interest @ 9% per annum
from the date of the petition till realisation along with
proportionate costs. Aggrieved by the Award, the claim
petitioners have come up in appeal.
6. 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.
7. Heard both sides.
8. The award of compensation by the Tribunal
under the following heads is challenged by the claim petitioners-
Bystander expenses
It is submitted by the learned counsel for the claim
petitioners that an amount of ₹45,000/- awarded under this head is
quite low and the same may be appropriately enhanced. On the
other hand, it is submitted by the learned counsel for the third
respondent-insurer that though no amount was claimed, an
amount of ₹45,000/- has been granted, which is quite just and
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reasonable and that it does not call for any further enhancement.
8.1. The materials on record show that the deceased
was an inpatient for a period of 142 days. Therefore, he can be
awarded compensation at the rate of ₹450/- per day for a period
of 142 days, that is, ₹63,900/-.
Pain and suffering
9. An amount ₹50,000/- was claimed. The
Tribunal granted an amount of ₹25,000/-. The accident occurred
on 12/01/2016. The deceased died on 20/09/2016. Therefore, an
amount of ₹50,000/- as claimed can be awarded under this head.
Compensation for loss of consortium and loss of love and
affection
10. Admittedly, the claim petitioners are the wife
and three children 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. v. Satinder Kaur @ Satwinder
Kaur, AIR 2020 SC 3076: 2023 KHC 760 and New India
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Assurance Co. Ltd. v. Somwati, 2020 KHC 6530 : (2020) 9
SCC 644, the first claim petitioner that is, the wife is entitled to
₹40,000/- towards loss of spousal consortium and the remaining
claim petitioners, the children, are entitled ₹40,000/- each towards
parental consortium. Thus, they are entitled to a total amount of
₹1,60,000/- towards loss of consortium. The Tribunal has granted
an amount of ₹40,000/- towards loss of consortium and an
amount of ₹1,00,000/- towards loss of love and affection. It is
well settled that when compensation is granted for loss of
consortium, no further amount can be granted for loss of love and
affection. A total amount ₹1,40,000/- which includes an amount
of ₹1,00,000/- under the wrong head of compensation for loss of
love and affection has been granted by the Tribunal. As noticed
earlier, they are entitled to a total amount ₹1,60,000/- towards
loss of consortium. Hence the claim petitioners are entitled to
balance amount of ₹20,000/-.
Deduction towards personal expenses
11. There are four claim petitioners who are the
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dependents of the deceased. Therefore, the deduction to be made
is 1/4 . The Tribunal has deducted 1/3 towards personal expenses.
Therefore, the deduction will be 1/4 towards personal expenses of
the deceased.
12. The impugned Award is modified to the
following extent:
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
Tribunal
(in ₹) (in ₹) (in ₹)
1. Transport to 20,000/- 30,000/- 30,000/-
hospital (No
modification)
2. Extra 2,00,000/- 40,000/- 40,000/-
nourishment (No
modification)
3. Damage to 2,000/- 1,000/- 1,000/-
clothing and (No
article modification)
4. Bystander Nil 45,000/- 63,900/-
expenses (450/- x 142)
5. Medical 15,00,000/- 10,10,072.64/- 10,10,072.64/-
expenses (No
modification)
6. Compensation for 50,000/- 25,000/- 50,000/-
pain and
sufferings
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7. Compensation 4,00,000/- 1,00,000/- 1,00,000/-
for loss of love (No
and affection modification)
8. Funeral 35,000/- 15,000/- 15,000/-
expenses (No
modification)
9. Loss of 15,00,000/- 40,000/- 60,000/-
consortium (40,000/- +
20,000/-)
10. Loss of estate 2,00,000/- 15,000/- 15,000/-
(No
modification)
11. Compensation 36,00,000/- 8,71,200/- 9,80,100/-
for loss of (11,000/- x
dependency 110/100 x ¾ x 9 x
12)
Total 75,07,000/- 21,92,272.64/- 23,65,072.64/-
claim limited to (rounded to
₹75,00,000/- 21,93,000/-)
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹1,72,072.64/- (total
compensation = ₹23,65,072.64/- that is, ₹21,93,000/- granted by
the Tribunal + ₹1,72,072.64/- 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 216 days delay in filing the
appeal) and proportionate costs. The third respondent/insurer is
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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 petitioners at the earliest in
accordance with law after making deductions, if any.
Interlocutory applications, if any pending, shall stand
closed.
Sd/-
C.S.SUDHA
JUDGE
Jms
