2025:KER:26153 MACA NO.995 OF 2014 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 MACA NO. 995 OF 2014 AGAINST THE ORDER/JUDGMENT DATED 06.02.2014 IN OPMV NO.902 OF 2008 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR APPELLANT/3RD RESPONDENT: NATIONAL INSURANCE COMPANY LTD MUNICIPAL SHOPPING COMPLEX,MAIN ROAD,NORTH PARAVUR,REPRESENTED BY ITS MANAGER,REGIONAL OFFICE,M.G ROAD,ERNAKULAM BY ADV SEBASTIAN VARGHESE RESPONDENTS/CLAIMANTS 1 TO 4 AND RESPONDENTS 1 & 2: 1 JAYA AGED 37 YEARS W/O.SUDHEESH,PARABUMMALAPARAMBU HOUSE,NEENDOOR KARA,VADAKKEKARA VILLAGE 683522 2 ARUN AGED 15 YEARS S/O.SUDHEESH(MINOR),REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN JAYA,W/O.SUDHEESH,PARAMBUMMALAPARAMBU HOUSE,NEENDOOR KARA,VADAKKEKARA VILLAGE 683522 3 AKHIL AGED 9 YEARS S/O.SUDHEESH(MINOR),REPRESENTED BY HIS MOTHER AND 2025:KER:26153 MACA NO.995 OF 2014 2 NATURAL GUARDIAN JAYA,W/O. SUDHEESH,PARAMBUMMALPARAMBU HOUSE,NENDOOR KARA,VADAKKEKARA VILLAGE 683522 4 SUJATHA,W/O SURENDRAN AGED 62 YEARS PARAMBUMMALPARAMU HOUSE,NEENDOOR KARA,VADAKEKARA VILLAGE, 5 SIBI,S/O SEBASTIAN KALATHIPPARAMBIL.HOUSE,PALLIPPURAM KARA,PALLIPPURAM VILLAGE 6 PRAKASAN S/O RAMAN MANNALY HOUSE,CHERAI.P.O BY ADVS. SRI.A.N.SANTHOSH SRI.SAJAN MANNALI SMT.SANTHI K.PAI SMT.V.N.SHASHIKALA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26153 MACA NO.995 OF 2014 3 J U D G M E N T The Respondent No.3 in O.P.(M.V.) No.902/ 2008 on the file of the Motor Accident Claims Tribunal, North Paravur, is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal) 2. The O.P. was filed under under Section 166 of the Motor Vehicles Act, 1988, by the wife, children and mother of the deceased by name Sudheesh, who died in a motor vehicle accident that occurred on 14.07.2008. According to them, on 14.07.2008, at about 11 a.m., while the deceased was driving an autorickshaw bearing reg.no.KL-7/AV-6648 through Vypin- Munambam road, a bus bearing reg.no.KL-7/AY-3249 driven by the 1st respondent in a rash and negligent manner hit against the autorickshaw and as a result of which he sustained serious injuries and he succumbed to the injuries, on the same day. 3. The 1st respondent is the driver, the 2nd respondent is the owner and 3rd respondent is the insurer of the offending vehicle. According to the petitioners, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. was 2025:KER:26153 MACA NO.995 OF 2014 4 Rs.17,93,500 limited to Rs.15,00,000/-. 4. The insurance company filed a written statement, admitting the accident as well as policy, but disputing the negligence on the part of the driver of the offending vehicle. 5. The evidence in the case consists of the oral testimony of PW1 and documentary evidence Exts.A1 to A6. No evidence was adduced by the respondents. 6. After evaluating the evidence on record, the Tribunal found negligence on the part of the driver of the offending vehicle, awarded a total compensation of Rs.13,00,600/- and directed the insurer to pay the same. 7. Aggrieved by the quantum of compensation awarded by the Tribunal, the Respondent No.3 preferred this appeal. 8. Now the point that arises for consideration is the following: Whether the quantum of compensation awarded by the Tribunal is just and reasonable? 9. Heard Sri.A.N Santhosh, the learned Counsel appearing for the Respondents/appellants, and Sri.Sebastian Varghese, the learned Standing Counsel for the appellant/3rd respondent. 2025:KER:26153 MACA NO.995 OF 2014 5 10. The Point: In this case the accident as well as valid policy of the offending vehicle are admitted. One of the arguments advanced by the learned counsel for the 3rd respondent/appellant is that the Tribunal has awarded 40% income towards future prospects instead of 25%. Another contention raised by him is that the Tribunal has awarded a sum of Rs.2,00,000/- towards love and affection in addition to a sum of Rs.1,00,000/- towards loss of consortium. Further he would submit that the Tribunal has awarded Rs.50000 on the head loss of estate and Rs.25000/- on the head funeral expenses which are on the higher side. 11. One of the contentions raised by the learned counsel for the petitioners is regarding the income of the deceased as fixed by the Tribunal. As per the claim petition, the deceased was working as a driver, earning Rs.5000/- per month, and the Tribunal fixed his monthly income at Rs.5000/-. 12. According to the learned counsel, the deceased was a driver by profession and as such the notional income of the deceased fixed by the Tribunal at Rs.5000/- is on the lower side. As per the dictum laid down by the Hon’ble Supreme Court in the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. [2011 (13) SCC 236], the 2025:KER:26153 MACA NO.995 OF 2014 6 notional income of a coolie, during the year 2008 will come to Rs.6500/-. From Ext.A5 it is revealed that the deceased was a driver by profession. At the time of the accident also, he was driving a goods Autorickshaw. Therefore, considering the fact that the deceased was a driver by profession, his notional income is fixed at Rs.8000/-, for the purpose of computing the loss of dependency. 13. Since, on the date of accident, the deceased was aged 44 years, only 25% of the monthly income is liable to be added towards future prospects, as held in the decision in National Insurance Co.Ltd v Pranay Sethi [(2017) 16 SCC 680] and the multiplier to be applied is 14, as held in Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121. Since the deceased was married who left behind 4 dependents, towards personal and living expense, 1/4 of the income is liable to be deducted, as held in Sarla Verma (supra). In the above circumstances, the loss of dependency will come to Rs12,60,000/-. 14. The Tribunal has awarded Rs.50,000/- towards loss of estate, Rs.25,000/- towards funeral expenses, Rs.1,00,000/- towards loss of consortium and Rs.2,00,000/- towards love and affection. In the light of the decision in Pranay Sethi (supra), the appellants are entitled to get a 2025:KER:26153 MACA NO.995 OF 2014 7 consolidated sum of Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, and the dependents (parents, children and spouse) are entitled to get a sum of Rs.40,000/- each towards loss of consortium, with an increase of 10% in every three years. Therefore, towards loss of estate and funeral expense they are entitled to get a sum of Rs.18,150/- each. Towards loss of consortium, petitioners together are entitled to get a sum of Rs.1,93,600/- (48,400 x 4). 15. Since compensation for loss of consortium was given, further compensation for love and affection cannot be granted, in view of the decision in New India Assurance Company Ltd. v. Somwati and Others, (2020)9 SCC 644. Therefore, the compensation awarded towards love and affection is to be deducted. 16. Towards Pain and sufferings the Tribunal has awarded Rs.50000/-, which according to the learned standing counsel, is on the higher side. In this case the deceased died on the date of accident itself. Therefore, the compensation awarded on the head pain and suffering is on the higher side and hence it is reduced to Rs.25000/-. 17. No change is required, in the amounts awarded on other heads, as the compensation awarded on those heads appears to be just and 2025:KER:26153 MACA NO.995 OF 2014 8 reasonable. 18. Therefore, the petitioners/appellants are entitled to get a total compensation of Rs.15,16,900/-, as modified and recalculated above and given in the table below, for easy reference: Sl. No . Head of Claim Amount awarded by Tribunal (in Rs.) Amount Awarded in Appeal (in Rs.) 1 Loss of dependency/Loss of earnings 873600 1260000 2 Loss of estate 50000 18150 3 Loss of consortium to 1st petitioner 100000 193600 4 Medical expenses 1000 1000 5 Loss of love and affection 200000 --------- 6 Pain and suffering endured by the deceased 50000 25000 7 Funeral and allied expenses 25000 18150 8 Damage to clothing and articles 1000 1000 Total 1300600 1516900 Enhanced amount- 216300 19. In the result, this Appeal is disposed of directing the 3rd 2025:KER:26153 MACA NO.995 OF 2014 9 respondent to deposit a total sum of Rs.15,16,900/- (Rupees Fifteen Lakhs Sixteen Thousand Nine Hundred Only), less the amount already deposited, if any, along with interest @ 8% per annum, from the date of the petition till realisation/deposit, with proportionate costs, within a period of two months from today. On depositing the aforesaid amount, the Tribunal shall disburse the entire amount to the petitioners, in the ratio fixed by the Tribunal, excluding court fee payable, if any, without delay, as per rules. Sd/- C. PRATHEEP KUMAR, JUDGE Pvv