[Cites 3, Cited by 0]

Kerala High Court

Neethu vs The Manager on 31 January, 2026

MACA NO. 1706 OF 2016

                                  1



                                                  2026:KER:8239

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
   SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
                        MACA NO. 1706 OF 2016
AGAINST THE AWARD DATED 29.12.0016 IN OP(MV) NO.1227 OF 2013 OF
            MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM
APPELLANTS/PETITIONERS :-

    1      NEETHU, AGED 26 YEARS
           W/O. LATE JIJIMON, SREE SANKER,KARUVARTTAMKUZHI,
           KAREELAKULANGARA, ALAPPUZHA,

    2      ASWAL PRINCE, AGED 8 YEARS
           S/O. LATE JIJIMON, SREE SANKAR,KARUVATTAMKUZHI,
           KAREELANKULANGARA, ALAPPUZHA
           (MINOR REPRESENTED BY THE 1ST APPELLANT, HIS MOTHER)

    3      PADMINI, AGED 62 YEARS
           M/O. LATE JIJIMON, SREE SANKAR,KARUVATTAMKUZHI,
           KAREELANKULANGARA, ALAPPUZHA, NOW RESIDING AT
           AYYAPPAVILASAM, THRIKKOVILAVATTAM, MUKHATHALA, KOLLAM.

           BY ADVS.
           SRI.K.SIJU
           SMT.RENY ANTO

RESPONDENT/3RD RESPONDENT :-

           THE MANAGER
           M/S. ROYAL SUNDARAN ALLIANCE INSURANCE CO. LTD,
           GICSUNDARAM TOWER, CHENNAI- 600 014.

           BY ADVS.
           SHRI.P.JACOB MATHEW
           SRI.MATHEWS JACOB (SR.)

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA NO. 1706 OF 2016

                                    2



                                                         2026:KER:8239

                            JUDGMENT

This appeal is filed by the legal heirs of the claimant in O.P

(MV) No.1227 of 2013 on the file of the Motor Accidents Claims

Tribunal, Kollam, challenging the quantum of compensation

awarded by the tribunal. The respondent herein is the 3 rd

respondent before the tribunal.

2. According to the claimants, on 15.03.2013 at about 09.10 pm,

while the deceased was riding a motorcycle bearing reg. No. KL-

29D 5034, a car bearing registration No.KL-29-F-3991, driven by

the 2nd respondent in a rash and negligent manner, hit against the

motorcycle. As a result of the accident, the deceased had sustained

serious injuries and succumbed to them. The claimants, being the

legal heirs of the deceased, approached the tribunal claiming a total

compensation of ₹40,00,000/-.

3. The second respondent/driver of the offending vehicle

remained ex parte before the tribunal. The 1 st respondent entered

appearance and filed a written statement contending that the

accident occurred due to the rash and negligent act of the deceased

and that the 2nd respondent was driving the vehicle with due care

and caution. It is further contended that the vehicle was covered by MACA NO. 1706 OF 2016

2026:KER:8239

a valid policy, though the quantum of compensation claimed is

disputed. The 3rd respondent/insurer filed a written statement

admitting the validity of the policy but disputing the quantum of

compensation claimed. Before the tribunal, Pws 1 and 2 were

examined, and Exts.A1 to A11 were marked. The tribunal, after

analysing the pleadings and materials on record, awarded a sum of

₹10,72,800/- as compensation under different heads with interest

@9% per annum from the date of the petition till realization, with

proportionate costs against the 3rd respondent being the insurer of

the offending vehicle. Dissatisfied with the quantum of

compensation awarded by the tribunal, the claimants, the legal

heirs of the deceased, have come up in appeal.

4. Heard the learned counsel for the appellants/claimants and

the learned Standing Counsel for the respondent/insurer.

5. The learned counsel for the appellants seeks enhancement of

compensation under the following heads :

Notional income:- The learned counsel appearing for the

appellants submitted that though an amount of ₹25,000/- was

claimed as the income of the deceased who was a tile worker, the

tribunal had taken only an amount of ₹6,000/-. It is further

submitted that PW2, who issued Ext.A10 certificate, was examined MACA NO. 1706 OF 2016

2026:KER:8239

and testified that the deceased, Jijimon, was working under him as a

tile worker. However, no other document was produced to prove his

income. Considering the avocation of the deceased, in order to

award just and reasonable compensation, I find it appropriate to re-

fix the income of the deceased as ₹10,000/-.

Compensation for loss of dependency:- The deceased was

aged 32 years at the time of the accident and, going by the

judgment in National Insurance Company Ltd. v. Pranay Sethi

[2017 (4) KLT 662 (SC)], 40% future prospects is to be added

towards the monthly income for calculation of loss of dependency.

By adding 40% future prospects towards the monthly income now

fixed, the income would be ₹14,000/- (10,000 + 40% of 10,000) for

awarding compensation under the head, loss of dependency.

Accordingly, following Sarla Verma v. Delhi Transport

Corporation [2010(2) KLT 802(SC)], and Pranay Sethi (supra), the

total compensation payable under the head loss of dependency is

recalculated thus: ₹17,92,000/- (14,000 x 12 x 16 x 2/3). The

tribunal had granted an amount of ₹7,68,000/- under the said head.

Thus, there will be an additional amount of ₹10,24,000/- under the

head loss of dependency.

Compensation for loss of estate:- The learned counsel for MACA NO. 1706 OF 2016

2026:KER:8239

the appellant submitted that the tribunal has not granted any

compensation towards loss of estate. Going by the judgment in

Pranay Sethi (supra), the compensation under the conventional

heads ought to have been fixed at ₹15,000/- each , and further, 10%

enhancement has to be given in a span of three years from 2017.

Thus, following the judgment in Pranay Sethi (supra), I deem it

appropriate to award the appellants a total compensation of

₹18,150/- towards loss of estate.

Compensation for funeral expenses:- The learned standing

counsel appearing for the insurance company submitted that the

tribunal has granted an amount of ₹25,000/- as compensation

towards funeral expenses, and going by the judgment in Pranay

Sethi (supra), the compensation under the conventional heads

ought to have been fixed at ₹15,000/- each. Thus, following the

judgment in Pranay Sethi (supra), there will be a deduction of

₹10,000/- towards loss of estate.

Loss of consortium/loss of love and affection:- On a

perusal of the award, it is seen that the tribunal has granted

₹1,00,000/- towards loss of consortium. Since there were three legal

heirs, I find that the 3 claimants are entitled to an amount of

₹40,000/- each. Thus, the total compensation payable under the MACA NO. 1706 OF 2016

2026:KER:8239

head loss of consortium will be ₹1,20,000/- (₹40,000 x 3 ). The

tribunal has already awarded an amount of ₹1,00,000/- under the

head loss of consortium. Thus, an additional amount of ₹20,000/- is

awarded under the head loss of consortium.

The learned standing counsel appearing for the insurance

company submitted that an amount of ₹1,00,000/- was awarded by

the tribunal under the head loss of love and affection. In New India

Assurance Company v. Somwati and others [2020 (5) KLT

OnLine 1198 (SC)], 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. Accordingly, I delete ₹1,00,000/- awarded

by the tribunal under the head loss of love and affection.

6. On a perusal of the award and 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. Since

the appeal is of the year 2016, I find it appropriate to fix the interest

@7% per annum on the enhanced amount.

7. The learned standing counsel appearing for the insurance

company submitted that the entire amount is paid by the insurance

company to the claimants.

MACA NO. 1706 OF 2016

2026:KER:8239

8. 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 the            5,000            2,000           (not               2,000
      hospital                                                   modified)

2     Damage to clothing          5,000            1,000           (not               1,000
      and articles                                               modified)

3     Funeral expenses            50,000         25,000          10,000 (-)        15,000

4     Compensation for        1,00,000           1,00,000       1,00,000 (-)      Deleted
      love and affection

5     Loss of consortium      1,00,000           1,00,000         20,000          1,20,000

6     Loss of estate                -                -            18,150           18,150

7     Loss of dependency      35,00,000          7,68,000        10,24,000       17,92,000

8     Loss of expectation           -            76,800            (not               76,800
      of life                                                    modified)

               TOTAL          40,00,000       10,72,800          9,52,150        20,24,950


         Accordingly,       the     appeal    is     allowed     in   part,     and     the

    appellants/claimants      are       awarded          an   additional      amount     of

₹9,52,150/- (Rupees nine lakhs fifty two thousand one hundred and

fifty only) over and above the amount awarded by the tribunal with

interest @7% per annum from the date of petition till realization and

proportionate costs. The respondent insurer shall deposit the said MACA NO. 1706 OF 2016

2026:KER:8239

amount together with interest and costs within a period of two

months from the date of receipt of a certified copy of this judgment.

The claimants shall furnish copies of the PAN Card, AADHAAR Card,

and bank details before the respondent insurer within a period of

one month so as to enable the insurance company to 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. Upon such a deposit being made, the entire

amount shall be disbursed to the appellants at the earliest in

accordance with the law.