Kerala High Court
Omana Renjan vs Samarasam.N on 10 September, 2025
M.A.C.A.No.1155 of 2020
1
2025:KER:67190
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. 1155 OF 2020
AGAINST THE AWARD DATED 16.11.2019 IN OP(MV)NO.1443 OF
2017 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
PERUMBAVOOR.
APPELLANTS/PETITIONERS:
1 OMANA RENJAN,
AGED 55 YEARS,
W/O. LATE RENJAN, PLACKAL HOUSE, TOWN COLONY,
ANGAMALY P.O, ERNAKULAM DISTRICT-683 572
2 NEETHU,
AGED 33 YEARS,
W/O. SHABU, PARAMBEN HOUSE, MUKKANOOR P.O.,
KOKKUNNU, ERNAKULAM DISTRICT-683 577.
3 MAHSWARI,
AGED 75 YEARS,
W/O. LATE NADARAJAN, PLACKAL HOUSE,
MEKKAD P.O, NEDUMBASSERY,
ERNAKULAM DISTRICT-683 589.
BY ADV SHRI.A.N.SANTHOSH
RESPONDENTS/RESPONDENTS:
1 SAMARASAM N.,
AGED 35 YEARS,
S/O. NATARAJAN, H.NO. 2/121, POOSARIPATTY,
NEERMULLIKUTTAI P.O, VALAPADY TALUK,
SALEM DISTRICT, TAMILNADU-636 104.
M.A.C.A.No.1155 of 2020
2
2025:KER:67190
2 SENTHIL KUMAR D.,
S/O. A. DURVASAGAM, AGED 47 YEARS, CETTERIKADU, S.
PAPPARAPPATTY P.O, ATTAYAMPATTY VIA, SALEM DISTRICT,
TAMILNADU-637 503.
3 THE MANAGER,
NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE
(MALLASAMUDRAM), (722302), DOOR NO. 8/15, TEACHER'S
COLONY, NEAR PALLAVAN GRAMA BANK, MALLASAMUDRAM P.O.,
THIRUCHENGODE TALUK, TAMILNADU-637 503
BY ADV SHRI.RENIL ANTO KANDAMKULATHY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 10.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.1155 of 2020
3
2025:KER:67190
C.S.SUDHA, J.
----------------------------------------------------
M.A.C.A.No.1155 of 2020
----------------------------------------------------
Dated this the 10th day of September 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act,
1988 (the Act) has been filed by the claim petitioners in O.P.(MV)
No.1443/2017 on the file of the Motor Accidents Claims Tribunal,
Perumbavoor (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 16/11/2019. 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, daughter and
mother of the deceased. According to the claim petitioners, on
07/11/2017 at about 08:00 p.m., while the deceased was walking
through Chalakudy-Angamaly NH and when he reached at the
extreme eastern side of the central median, lorry bearing regeneration
No.TN-90/4456 driven by the first respondent in a rash and negligent
2025:KER:67190
manner knocked him down, as a result of which he sustained grievous
injuries, to which she succumbed.
3. The first respondent/driver and the second
respondent/owner remained ex parte.
4. The third respondent/insurer filed written statement
admitting the policy but denying negligence on the part of the first
respondent/driver of the offending lorry.
5. Before the Tribunal, no oral evidence was adduced
by either side. Exts.A1 to A8 were marked on the side of the claim
petitioners. 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 first respondent/driver of the offending lorry resulting in the
incident and hence awarded an amount of ₹10,07,200/- together with
interest @ 8% per annum from the date of the petition till the date of
realisation along with proportionate costs. Aggrieved by the Award,
the claim petitioners have come up in appeal.
2025:KER:67190
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 is challenged by the claim petitioners -
Notional income
It is submitted by the learned counsel for the claim petitioner
that the deceased, a coolie aged 55 years, was earning ₹15,000/- per
month. However, the Tribunal fixed the notional income at ₹9,000/-
which is quite low even going by the dictum in Ramachandrappa v.
Manager, Royal Sundaram Alliance Co. Ltd, (2011) 13 SCC 236.
9.1. In the light of the dictum in Ramachandrappa
(Supra) the notional income is fixed at ₹11,000/-.
Loss of love and affection and loss of consortium
10. Admittedly, the claim petitioners are the wife,
daughter and mother of the deceased. Therefore, they are entitled to an
amount ₹40,000/- each towards spousal, parental and filial consortium
respectively. The Tribunal has awarded an amount of ₹40,000/-
2025:KER:67190
towards loss of spousal consortium to the first claim petitioner and an
amount of ₹50,000/- towards love and affection. It is well settled that
when compensation is awarded for loss of consortium, no further
amount can be awarded 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 ₹90,000/-, that is, ₹40,000 to the first claim
petitioner and an amount of ₹50,000/- under the wrong head of love
and affection has been granted. Therefore, they will be entitled to the
balance amount of ₹30,000/-.
11. The impugned Award is modified to the following
extent :
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
Tribunal
1 Loss of ₹12,00,000/- ₹8,71,200/- ₹10,64,800/-
dependency (₹11,000/-+10% of
11,000/-
x)x12x11x2/3
2 Expenses for ₹10,000/- ₹5,000/- ₹5,000/-
transport (No modification)
3 Damage to ₹1,800/- ₹1,000/- ₹1,000/-
clothes (No modification)
4 Funeral expenses ₹50,000/- ₹15,000/- ₹15,000/-
(No modification)
2025:KER:67190
5 Love and ₹3,00,000/- ₹50,000/- ₹50,000/-
affection (No modification)
6 Pain and ₹1,00,000/- ₹10,000/- ₹10,000/-
suffering (No modification)
7 Loss of estate ₹1,00,000/- ₹15,000/- ₹15,000/-
(No modification)
8 Loss of ₹2,00,000/- ₹40,000/- ₹70,000/-
consortium (₹40,000/- +₹30,000/-)
9 Medical ₹4,880/- -- --
expenses (No modification)
10 Mental shock etc. ₹1,00,000/- -- --
(No modification)
Total ₹20,66,600/- ₹10,07,200/- ₹12,30,800/-
Limited to
₹20,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹2,23,600/- (total compensation
= ₹12,30,800/-, that is, ₹10,07,200/- granted by the Tribunal +
₹2,23,600/- 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 92 days delay in filing the appeal) and proportionate costs.
The third respondent/insurer is directed to deposit the compensation
with interest and costs before the Tribunal within a period of 60 days
from the date of receipt of a copy of the judgment. On deposit of the
compensation amount, the Tribunal shall disburse the amount to the
2025:KER:67190
claim petitioners at the earliest in accordance with law after making
deductions, if any. The liberty given by the Tribunal to the third
respondent/insurer to recover the amount from the second respondent/
owner shall stand confirmed.
Interlocutory applications, if any pending, shall stand closed.
SD/-
C.S. SUDHA
JUDGE
ak
