Kerala High Court
Sheena vs Ajith on 10 September, 2025
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MACA NO. 1142 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
MACA NO. 1142 OF 2020
MEMORANDUM OF MOTOR ACCIDENTS CLAIMS APPEAL FILED UNDER
SECTION 173 OF THE MOTOR VEHICLES ACT AGAINST THE AWARD DATED
19.08.2019 IN OPMV NO.215 OF 2013 OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANTS/PETITIONERS:
1 SHEENA
AGED 42 YEARS
PADATHU CHIRA, S.L.PURAM P.O, KANJIKUZHI.
2 NIMISHA SHAJI,
AGED 20 YEARS
PADATHU CHIRA, S.L.PURAM P.O, KANJIKUZHI.
3 JANAKI,
PADATHU CHIRA, S.L.PURAM P.O, KANJIKUZHI.
BY ADVS.
SHRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
RESPONDENTS/RESPONDENTS:
1 AJITH
NADUCHIRAYIL, MARARIKULAM NORTH, MARARIKULAM-
688523.
2 AMMINI JOSEPH,
PUTHENPURACKAL, KOTHUPARAMBU, 16 HPO, SANATHANAM
WARD, ALAPPUZHA-688001.
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2
3 THE ORIENTAL INSURANCE CO.LTD.,
REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE,
ALAPPUZHA-688001.
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 10.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 1142 OF 2020
3
C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A. No.1142 of 2020
----------------------------------------------------
Dated this the 10th 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.215/2013 on
the file of the Motor Accidents Claims Tribunal, Alappuzha, aggrieved by
the amount of compensation granted by Award dated 19/08/2019. The
respondents herein are respondents in the petition. In this appeal, the
parties and the documents will be referred to as described in the original
petition.
2. According to the claim petitioners, on 01.11.2012 at about 11:30
a.m., while the deceased was travelling as a pillion rider on a bicycle
through Muhamma - Kanjikkuzhy road, motorcycle bearing Reg. No.
KL-04/Y-6322, driven by the 1st respondent in a rash and negligent
manner, hit the bicycle. As a result of the accident, the deceased sustained
grievous injuries to which he succumbed. A sum of ₹19,00,000/- was
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MACA NO. 1142 OF 2020
claimed as compensation under various heads.
3. The 1st respondent/driver and the 2nd respondent/owner remained
ex parte.
4. The 3rd respondent/insurer filed written statement admitting the
existence of a valid policy in respect of the offending vehicle but denied
negligence on the part of the 1st respondent/driver. The age, occupation
and income of the deceased were disputed. It was also contended that the
compensation claimed was quite excessive.
5. Before the Tribunal, no oral evidence was adduced by either
side. Exts.A1 to A10 were marked on the side of the claim petitioner. No
documentary evidence was produced by the respondents.
6. The Tribunal on consideration of the documentary evidence and
after hearing both sides, found negligence on the part of the 1 st
respondent/driver of the offending vehicle resulting in the incident and
hence awarded an amount of ₹12,34,000/- together with interest @ 9%
per annum from the date of the petition till realisation along with
proportionate costs. Aggrieved by the Award, claim petitioners have
come up in appeal.
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7. 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.
8. Heard both sides.
9. The award of compensation by the Tribunal under the following
heads are challenged by the claim petitioners -
Notional Income:-
10. It is submitted by the learned counsel for the claim petitioner that
the deceased, a manual labourer, was earning ₹9,000/- per month and the
Tribunal fixed the notional income at ₹6,500/-, which is quite low going by
the dictum in Ramachandrappa v. Manager, Royal Sundaram Allian.
Co. Ltd, (2011) 13 SCC 236.
10.1. In the light of the dictum in Ramachandrappa (Supra), the
notional income of the deceased is fixed as ₹8,500/-.
Compensation for Pain and Suffering:-
11. The accident occurred on 01.11.2012 and the deceased died on
10.11.2012, i.e., after a period of 10 days. In such circumstances, the amount
of ₹50,000/- as claimed is just and reasonable and hence the said amount can
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be awarded.
Compensation for loss of consortium and love and affection:-
12. Admittedly, the claim petitioners are the wife, daughter and mother
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. vs Satinder Kaur @ Satwinder
Kaur, AIR 2020 SC 3076: 2023 KHC 760 and New India Assurance
Co. Ltd. v. Somwati, 2020 KHC 6530 : (2020) 9 SCC 644, the 1st claim
petitioner, the wife, is entitled to an amount of ₹40,000/- towards spousal
consortium, the 2nd claim petitioner, the daughter, is entitled to ₹40,000/-
towards parental consortium, and the 3rd claim petitioner, the mother, is
entitled to ₹40,000/- towards filial consortium. Therefore, the total amount to
which they are entitled is ₹1,20,000/-.
12.1. The Tribunal has granted an amount of ₹40,000/- towards loss of
consortium and ₹40,000/- towards loss of love and affection. It is well settled
that when compensation is awarded for loss of consortium, no further amount
can be granted towards loss of love and affection. As noticed earlier, the total
amount to which they are entitled is ₹1,20,000/-, out of which an amount of
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₹80,000/- has already been awarded, though an amount of ₹40,000/- is under
the wrong head of love and affection. Hence, they shall be entitled to the
balance amount of ₹40,000/-. As per the dictum in National Insurance
Company Limited v. Pranay Sethi, 2017 (5) KHC 350 : (2017) 16
SCC 680, pronounced on 31/10/2017, consortium amount has to be
enhanced every three years by 10%. Hence, the 3 rd claim petitioner is
entitled to two enhancements at the rate of 10% every three years, which
is ₹48,400/- each. (₹40,000 + 10% = ₹44,000; ₹44,000 + 10%
=₹48,400/-).
13. No change is required, in the amounts awarded under other
heads, as the compensation awarded are just and reasonable.
14. The impugned Award is modified to the following extent:
Sl. Head of claim Amount Amount Modified in appeal
No. claimed Awarded
by
Tribunal
1 Transport to 10,000/- 7,000/- 7,000/-
hospital (No modification)
2 Ambulance 10,000/- Nil/- Nil
charge (No modification)
3 Treatment and 10,000/- Nil/- Nil
medicine (No modification)
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4 Bystander 5,000/- 2,000/- 2,000/-
expense (No modification)
5 Extra 5,000/- 2,000/- 2,000/-
nourishment (No modification)
6 Funeral 25,000/- 15,000/- 15,000/-
expenses (No modification)
7 Damage to 1,000/- 1,000/- 1,000/-
clothing and (No modification)
articles
8 Miscellaneous 25,000/- Nil Nil
expenses (No modification)
9 Compensation 50,000/- 20,000/- 50,000/-
for pain &
sufferings
10 Loss of 1,20,000/- 40,000/- 88,400/-
consortium (40,000 + 48,400)
11 Compensation 1,00,000/- 40,000/- 40,000/-
for loss of love (No modification)
and affection
12 Compensation 1,00,000/- 15,000/- 15,000/-
for loss of (No modification)
estate
13 Compensation 15,00,000/- 10,92,000/- 14,28,000/-
for loss of [(8,500 + 40% of
dependency 8500) x 12 x 15 x 2/3]
Total ₹19,61,000/-
limited to ₹12,34,000/ ₹16,48,400/-
-
₹19,00,000/-
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15. In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹4,14,400/- (total compensation =
₹16,48,400/- that is, ₹12,34,000/- granted by the Tribunal + ₹4,14,400/-
granted in appeal) with interest at the rate of 8% per annum from the date
of petition till date of realization and proportionate costs. The 3rd
respondent/insurer is 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
GBG
