Kerala High Court
Aravindashan vs The Oriental Insurance Company Ltd on 10 September, 2025
2025:KER:67218
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. 1220 OF 2020
AGAINST THE AWARD DATED 28.09.2017 IN OPMV NO.1394 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR
APPELLANTS/PETITIONERS:
1 ARAVINDASHAN
AGED 58 YEARS
S/O. KUTTYKRISHANA KURUPPU, KALARIKKAL HOUSE,
KONDOTTY, CHOWARA, ALUVA.
2 AMBAREESH KRISHNA
AGED 29 YEARS
S/O. ARAVINDASHAN, KALARIKKAL HOUSE, KONDOTTY,
CHOWARA, ALUVA.
3 ANJANA KRISHNA
AGED 26 YEARS
D/O. ARAVINDASHAN, KALARIKKAL HOUSE, KONDOTTY,
CHOWARA, ALUVA.
BY ADV SRI.A.N.SANTHOSH
RESPONDENT/2ND RESPONDENT:
THE ORIENTAL INSURANCE COMPANY LTD.
PATTAMANA BUILDINGS, PUMP JUNCTION,
RAILWAY STATION ROAD, ALUVA- 683101,
REPRESENTED BY ITS MANAGER.
SRI.JITHIN SAJI ISAAC
DR.ELIZABETH VARKEY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 10.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 1220 OF 2020
2
C.S.SUDHA, J.
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M.A.C.A. No.1220 of 2020
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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.1394/2015 on the file of the Motor Accidents Claims Tribunal,
Perumbavoor, (the Tribunal), aggrieved by the amount of
compensation granted by Award dated 28/09/2017. The sole
respondent herein is the second respondent/insurer in the petition.
In this appeal, the parties and documents will be referred to as
described in the original petition.
2. According to the claim petitioners, on 25/02/2015 at
09:00 a.m., while the deceased was pillion riding on motorcycle
bearing registration no.KL-41-G-9903 ridden by the first
respondent through Angamaly-Aluva NH 47 road, due to the rash
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and negligent riding of the latter, the vehicle lost control, as a result
of which the deceased sustained grievous injuries to which she
succumbed. A sum of ₹17,00,000/- was claimed as compensation
under various heads.
3. The first respondent/owner-cum-rider of the offending
vehicle remained ex parte.
4. The second 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 first respondent.
5. Before the Tribunal, no oral evidence was adduced by
either side. Exts.A1 to A12 were marked on the side of the claim
petitioners and Ext.B1 was marked on the side of the second
respondent/insurer.
6. The Tribunal on consideration of the documentary
evidence and after hearing both sides, found negligence on the part
of the first respondent/owner-cum-rider of the offending vehicle
resulting in the incident and hence awarded an amount of
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₹13,20,700/- together with interest @ 8% 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.
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 petitioners
that the deceased, a 49-year-old lady, was working in a Carton
Company earning ₹10,000/- per month. However, the Tribunal
fixed the notional income at ₹7,000/- which is quite low even going
by the dictum in Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Co. Ltd, (2011) 13 SCC 236. Hence, the income
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needs to be appropriately enhanced.
9.1. In the light of the dictum in Ramachandrappa (Supra),
the notional income of the deceased is fixed as ₹10,000/- per
month.
Treatment expenses
10. In paragraph no.9 of the impugned Award, the Tribunal
based on Ext.A11 series awarded an amount of ₹1, 17,280/- under
this head. However, when the final amount was computed, this
amount was omitted to be added. Hence, an amount of ₹1,17,280/-
as per Ext.A11 series is also awarded to the claim petitioners.
Addition to be made towards future prospects
11. It is fairly conceded by the learned counsel for the claim
petitioners that the addition to be made towards future prospects is
25%, whereas the Tribunal has wrongly added 30%. Therefore, the
addition to be made shall be 25%.
12. The impugned Award is modified to the following
extent:
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MACA NO. 1220 OF 2020
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
(in ₹) Tribunal (in ₹)
(in ₹)
1. Loss of 8,00,000/- 10,64,700/- 14,62,500/-
dependency [(7,000+30%) [(10,000+25%)
x12x13x3/4] x12x13x3/4]
2. Loss of estate 1,50,000/- 15,000/- 15,000/-
(No Modification)
3. Expenses for 2,000/- 5,000/- 5,000/-
transport (No Modification)
4. Treatment 1,15,000/- Nil 1,17,280/-
expenses
5. Damage to clothes 1,000/- 1,000/- 1,000/-
(No Modification)
6. Funeral expenses 50,000/- 25,000/- 25,000/-
(No Modification)
7. Pain & sufferings 1,00,000/- 10,000/- 10,000/-
(No Modification)
8. Love and affection 3,00,000/- 1,00,000/- 1,00,000/-
(No Modification)
9. Loss of consortium 2,00,000/- 1,00,000/- 1,00,000/-
(No Modification)
Total 17,18,000/- 13,20,700/- 18,35,780/-
limited to
17,00,000/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹5,15,080/- (total
compensation = ₹18,35,780/- that is, ₹13,20,700/- granted by the
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Tribunal plus ₹5,15,080/- 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 877 days delay in filing the appeal) and
proportionate costs. The second 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
NP
