Kerala High Court
Universal Sompo General Insurance ... vs Shanty on 15 September, 2025
MACA NOs. 1796 & 1891 OF 2015
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
MACA NO. 1796 OF 2015
AGAINST THE AWARD DATED 02.08.2014 IN OP(MV) NO.1089 OF 2011
OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA
APPELLANT/3RD RESPONDENT :-
UNIVERSAL SOMPO GENERAL INSURANCE CO.LTD
REPRESENTED BY ITS MANAGER, 201-208 CRYSTAL PLAZA,
OPP.INFINITY MALL LINK ROAD, ANDHERI WEST,
MUMBAI-400058.
BY ADV DR.ELIZABETH VARKEY
RESPONDENTS/PETITIONERS & 1ST & 2ND RESPONDENTS :-
1 SHANTY, W/O.LATE BIJU, MACHIYANICKAL HOUSE,
PERUVANTHANAM P.O., CHUZHIPPU.
2 AARATHI (MINOR),D/O.LATE BIJU,
REPRESENTED BY NEXT FRIEND SHANTY,
MACHIYANICKAL HOUSE, PERUVANTHANAM P.O., CHUZHIPPU.
3 AADITHYA (MINOR), S/O.LATE BIJU,
REPRESENTED BY NEXT FRIEND SHANTY, MACHIYANICKAL
HOUSE, PERUVANTHANAM P.O., CHUZHIPPU.
4 ANJANA (MINOR),D/O.LATE BIJU,
REPRESENTED BY NEXT FRIEND SHANTY,
MACHIYANICKAL HOUSE, PERUVANTHANAM P.O., CHUZHIPPU.
5 KARTHIYANI, W/O.LATE NARAYANAN, MACHIYANICKAL HOUSE,
PERUVANTHANAM P.O., CHUZHIPPU.
6 SACHU, S/O.SHAJI KAYAPLACKAL HOUSE,
MACA NOs. 1796 & 1891 OF 2015
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MOONNU OALI BHAGOM, PUNCHAVAYAL KARA,
ERUMELY NORTH VILLAGE, KOTTAYAM DISTRICT.
7 GEORGE JOSEPH, 6/732, THATTAPARAMBIL HOUSE,
PERUVANTHANAM P.O., PURAKKAYAM.
BY ADVS.
SRI.CYRIAC KURIAN
SRI.ABHILASH S.FRANCIS - R6
SHRI.BABY THOMAS
SHRI.ARAVIND V. MATHEW
SRI.BABY THOMAS - R1 TO R5
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 15.09.2025, ALONG WITH MACA.1891/2015, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
MACA NOs. 1796 & 1891 OF 2015
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2025:KER:68385
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
MACA NO. 1891 OF 2015
AGAINST THE AWARD DATED 02.08.2014 IN OP(MV) NO.1089 OF 2011
OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA
APPELLANTS/PETITIONERS :-
1 SHANTY, W/O.LATE BIJU, MACHIYANICKAL HOUSE,
PERUVANTHANAM P O, CHUZHIPPU, IDUKKI DISTRICT
2 AARATHI (MINOR), AGED 11 YEARS
D/O.LATE BIJU, MACHIYANICKAL HOUSE, PERUVANTHANAM P O,
CHUZHIPPU, IDUKKI DISTRICT,
REP BY HER MOTHER AND NEXT FRIEND SHANTY, -DO-
3 AADITHYA (MINOR), AGED 8 YEARS
D/O.LATE BIJU, MACHIYANICKAL HOUSE, PERUVANTHANAM P O,
CHUZHIPPU, IDUKKI DISTRICT,
REP BY HER MOTHER AND NEXT FRIEND SHANTY, -DO
4 ANJANA (MINOR), AGED 8 YEARS
D/O.LATE BIJU, MACHIYANICKAL HUSE, PERUVANTHANAM P O,
CHUZHIPPU, IDUKKI DISTRICT,
REPRESENTED BY HER MOTHER NEXT FIEND SHANTY, -DO-
5 KARTHIYANI, W/O.LATE NARAYANAN, MACHIYANICKAL HOUSE,
PERUVANTHANAM P O, CHUZHIPPU, IDUKKI DISTRICT
BY ADVS.
SRI.CYRIAC KURIAN
SHRI.BABY THOMAS
SRI.K.D.ZACHARIAS
MACA NOs. 1796 & 1891 OF 2015
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RESPONDENTS/RESPONDENTS :-
1 SACHU, S/O.SHAJI, KAYAPLACKAL HOUSE, MOONNU OALI
BHAGOM, PUNCHAVAYAL KARA,ERUMELY NORTH VILLAGE,
KOTTAYAM DISTRICT, PIN 686509
2 GEORGE JOSEPH, 6/732, THATTAPARAMBIL HOUSE,
PERUVANTHANAM P O, PURAKKAYAM, IDUKKI DISTRICT 685532
3 UNIVERSAL SOMPO GEN.INSURANCE CO LTD
REP BY ITS MANAGER, 201-208, CRYSTAL PLAZA, OPP-
INFINITY MALL LINK ROAD, ANDHERI WEST , MUMBAI 400058
DR.ELIZABETH VARKEY - R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 15.09.2025, ALONG WITH MACA.1796/2015, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
MACA NOs. 1796 & 1891 OF 2015
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JUDGMENT
Since these two appeals arise from the very same award dated
02.08.2014 in O.P.(MV) No.1089 of 2011 on the file of the Motor
Accidents Claims Tribunal, Pala, these appeals are heard together
and being disposed of by this judgment. M.A.C.A.No.1796 of 2015
is filed by the appellant/3rd respondent in the O.P challenging the
quantum of compensation awarded by the Tribunal, whereas
M.A.C.A.No.1891 of 2015 is filed by the appellants/claimants in the
O.P seeking for enhancement of compensation.
2. The facts of the case are as follows: According to the
claimants, on 19.09.2011 at about 02.45 pm, while the deceased
was walking through the bye-pass road, an autorickshaw bearing
registration No.KL-37-A-3876 driven by the 1st respondent in a
rash and negligent manner and knocked him down and as a result
of the accident, he sustained fatal injuries and succumbed to the
injuries. The legal heirs approached the tribunal claiming a total
compensation of ₹24,21,200/- limited to ₹20,00,000/-.
3. The first and second respondents, driver and owner of the
offending vehicle respectively remained ex parte before the tribunal.
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The third respondent insurer filed a written statement, admitting
the policy but disputing the quantum of compensation claimed and
contending that the driver had no driving licence. Before the
tribunal, Pws 1 and 2 were examined and Exts.A1 to A8 and Ext.B1
were marked. The tribunal, after analysing the pleadings and
materials on record, awarded a sum of ₹16,82,500/- as
compensation under different heads with interest @7.5% per
annum from the date of petition till realization with proportionate
costs against the 3rd respondent with recovery rights from the 2nd
respondent-owner, for absence of driving licence. Challenging the
liability the insurer has come up in appeal and dissatisfied with the
compensation awarded, the claimants has come up in appeal.
4. Heard the learned counsel for the claimant, the learned
counsel appearing for the 1st respondent/driver and the learned
Standing Counsel for the appellant insurance company.
5. The learned counsel for the claimant claims enhancement
mainly under the following heads :-
Notional income :- The learned counsel for the claimants
submitted that the deceased was a mason by profession and relied
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on Ext.A8 certificate issued by the Kerala Viswakarma Sabha dated
13.05.2014, which reveals that he was a building construction
worker. The said document was not proved. No other document has
been produced to prove his avocation nor his income. The learned
counsel further submitted that though an amount of ₹12,000/-
was claimed, the tribunal has taken only an amount of ₹7,000/- as
the monthly income of the deceased. The learned counsel
appearing for the claimants submitted that even 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 2011 ought to have been fixed
at ₹8,000/-. Considering the fact that the deceased was a mason by
profession, I find it is appropriate to refix the monthly income as
₹9,000/-.
Compensation for loss of dependency :- The learned
standing counsel appearing for the insurance company submitted
that tribunal had added 50% of future prospects towards the
monthly income fixed whereas the deceased was aged 36 years at
the time of the accident. Going by the judgment in National
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Insurance Co. Ltd. v. Pranay Sethi & Ors [2017 (4) KLT 662
(SC)], the claimants are entitled to add 40% of the income fixed
towards future prospects. Thus, the income would be ₹12,600/- for
awarding compensation under the head loss of dependency. Since
the notional income fixed is ₹12,600/-, following the apex court
judgements in Pranay Sethi (supra) and Sarla Verma v. Delhi
Transport Corporation [2010(2) KLT 802(SC)], the compensation
payable under the said head is recalculated thus: ₹17,01,000/-
(12,600x12x15x3/4). The tribunal has already awarded an amount
of ₹14,17,500/- towards the said head. Thus, there will be an
additional amount of ₹2,83,500/- under the head loss of
dependency.
Compensation for loss of consortium/ loss of love and
affection :- The learned counsel for the claimants submitted that
towards the head loss of consortium, the tribunal has awarded only
an amount of ₹1,00,000/-. Considering the fact that there are five
legal heirs, going by the judgment in Pranay Sethi (supra), I find
that the claimants are entitled for a total amount of ₹2,00,000/-
(40,000x5) towards loss of consortium. Towards loss of consortium,
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the tribunal has already awarded an amount of ₹1,00,000/-.
Hence, there will be an additional amount of ₹1,00,000/- under
the said head.
The learned standing counsel appearing for the insurance
company submitted that the tribunal has awarded an amount of
₹1,00,000/- towards loss of love and affection, which is against the
principle laid down in the judgment in New India Assurance
Company v. Somwati and others [2020 (5) KLT OnLine 1198
(SC)], wherein it has been held 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. Hence I am inclined to delete
₹1,00,000/- awarded under the head loss of love and affection.
Loss of estate and funeral expenses :- On a perusal of the
award, it is seen that towards conventional heads, funeral expenses
and loss of estate, the tribunal has awarded an amount of
₹25,000/- and ₹5,000/- each. Going by the judgment in Pranay
Sethi (supra), the claimants are entitled for a total amount of
₹30,000/- under both the conventional heads together. Therefore, I
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do not find any reason to interfere with the compensation awarded
under the afore two heads.
6. Though the claimants 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.
7. Thus, the impugned award of the tribunal is modified as
follows:-
Sl.
No Head of Claim Amount Amount Modified in Total
claimed awarded by appeal compensation
the tribunal
1 Transport to 5000 10,000 (not 10,000
hospital modified)
2 Funeral expenses 50,000 25,000 (not 25,000
modified)
3 Pain and 1,00,000 25,000 (not 25,000
sufferings modified)
4 Loss of 18,43,200 14,17,500 2,83,500 17,01,000
dependency
5 Loss of estate 2,00,000 5,000 (not 5,000
modified)
6 Loss of love and 1,00,000 1,00,000 1,00,000 (-) Deleted
affection
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7 Loss of 50,000 1,00,000 1,00,000 2,00,000
consortium
TOTAL 24,21,200 16,82,500 2,83,500 19,66,000
limited to
20,00,000
Accordingly, both these appeals are allowed in part and the
claimants are awarded an additional compensation of ₹2,83,500/-
(Rupees two lakhs eighty three thousand five hundred only) over
and above the compensation awarded by the tribunal with interest
@7.5% 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 of two
months from the date of receipt of a certified copy of this judgment
and recover from the 2nd respondent. The claimant 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.
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Upon such deposit being made, the entire amount shall be
disbursed to the claimants 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 135 days in filing the appeal.
The ratio adopted by the tribunal has to follow as regards the
enhanced compensation also. The learned counsel appearing for the
appellant submitted that the mother of the deceased expired on
03.06.2016. It is made clear that claimants 1 to 4 shall be entitled
to the enhanced compensation now awarded by this Court, in the
event the mother of the deceased is not alive.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SMA
