Kerala High Court
National Insurance Company Limited vs Geevarghese K.M on 7 October, 2025
2025:KER:73805
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 7TH DAY OF OCTOBER 2025 / 15TH ASWINA, 1947
MACA NO. 934 OF 2016
AGAINST THE AWARD DATED 19.02.2015 IN OPMV NO.1417
OF 2010 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT
CLAIMS TRIBUNAL ,PATHANAMTHITTA/ I ADDL. M.A.C.T.
/M.A.C.T., PATHANAMTHITTA
APPELLANTS/PETITIONERS:
1 GEEVARGHESE K.M.
S/O.MATHAI YOHANAN, KODORKALAYIL, PUTHUSSERY P.O.,
SASTHANKAL, KALLOOPARA.
2 MINI VARGHESE SO.GEEVARGHESE K.M.
DO. DO.
BY ADV SHRI.A.N.SANTHOSH
RESPONDENTS/RESPONDENTS:
1 REJI ABRAHAM
S/O.JOHN, KUZHIVELIL HOUSE, PERUPRAMAVU P.O.,
KEEZHVAIPUR, MALLAPPALLY 689 587.
2 THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE,
NELSON COMPLEX, PUTHIYIDOM, P.B. NO.60, KAYAMKULAM
609 502.
BY ADVS.
SHRI.P.JACOB MATHEW
SRI.MATHEWS JACOB (SR.)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 07.10.2025, ALONG WITH MACA.3110/2015,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:73805
2
MACA NOS. 934 OF 2016 & 3110 OF 2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 7TH DAY OF OCTOBER 2025 / 15TH ASWINA, 1947
MACA NO. 3110 OF 2015
AGAINST THE AWARD DATED 19.02.2015 IN OPMV NO.1417
OF 2010 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT
CLAIMS TRIBUNAL ,PATHANAMTHITTA/ I ADDL. M.A.C.T.
/M.A.C.T., PATHANAMTHITTA
APPELLANT/2ND RESPONDENT:
NATIONAL INSURANCE COMPANY LIMITED
NOW REP.BY ITS MANAGER, KOCHI REGIONAL OFFICE, OMANA
BUILDING, M G ROAD, KOCHI 35
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SHRI.P.JACOB MATHEW
RESPONDENTS/PETITIONERS:
1 GEEVARGHESE K.M.
S/O.MATHAI YOHANNAN, KONDORKALAYIL, PUTHUSSERI P O,
SASTHANKAL, KALLOOPARA, PIN 689320
2 MINI VARGHESE
W/O.GEEVARGHESE K M, KONDORKALAYIL, PUTHUSSERI P O,
SASTHANKAL, KALLOOPARA, PIN 689320
BY ADV SHRI.A.N.SANTHOSH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 07.10.2025, ALONG WITH MACA.934/2016, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:73805
3
MACA NOS. 934 OF 2016 & 3110 OF 2015
JUDGMENT
Since these two appeals arise from the very same award dated 19.02.2015 in O.P (MV) No.1417/2010 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, these appeals are heard together and being disposed of by this judgment. M.A.C.A. No.3110 of 2015 is filed by the appellant/2nd respondent, insurer in the O.P challenging the compensation awarded by the tribunal, whereas M.A.C.A. No.934 of 2016 is filed by the appellants/claimants in the O.P, seeking enhancement of the quantum of compensation awarded by the tribunal.
2. According to the claimants, on 25.09.2010, while the deceased Binil Varghese was riding a motorcycle bearing Reg.No.KL 7-BA 3348 through Thiruvalla-Pushpagiri public road, a maruti car bearing Reg.No.KL-5-F-9444 driven by the 1st respondent in a rash and negligent manner, hit upon the motorcycle. As a result of the accident, the deceased sustained serious injuries and while undergoing treatment he succumbed to his injuries. The legal heirs approached the tribunal claiming a total compensation of ₹38,41,000/- which was limited to ₹24,41,000/-.
2025:KER:73805 4 MACA NOS. 934 OF 2016 & 3110 OF 2015
3. The 1st and 2nd respondents were the driver and insurer of the offending vehicle respectively. The 2nd respondent insurer filed a written statement, admitting the policy but disputing the quantum of compensation claimed. It was also contended that the first respondent had no driving license. Exts.A1 to A13 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹18,78,300/- as compensation under different heads with interest @9% per annum from the date of petition till realization with proportionate costs against the respondent insurer. Dissatisfied with the compensation awarded, the claimants have come up with this appeal.
4. Heard the learned counsel for the claimants and the learned Standing Counsel for the insurance company.
5. The learned counsel for the insurer and the claimants challenged the compensation awarded under the following heads :-
Notional income :- The learned counsel for the claimants submitted that the deceased was a Marine Engineering student and the tribunal has taken the income as only ₹10,000/-. The learned standing counsel appearing for the 2025:KER:73805 5 MACA NOS. 934 OF 2016 & 3110 OF 2015 insurance company relied on the judgment of Meena Pawaia and Others v. Ashraf Ali and Others [2021 (6) KHC 596] and submitted that the income fixed by the tribunal is on the higher side, whereas the learned counsel appearing for the claimants submitted that the division bench of this Court in Ramakrishnapillai K. and Others v. New India Assurance Co. Ltd. [2015 3 KLJ 750], has fixed the monthly income of an engineering student for an accident in 2005, as ₹12,000/-. In National Insurance Co. Ltd., Chennai v. Fathimath Zuhara @ Zuhra Razak and Another [2016 (3) KLT 459] a Division Bench of this Court, in respect of a motor accident which occurred in 2005, the income fixed for an engineering student was ₹12,000/-. The fixation of income is based on the facts of each case. However, in the present case, the deceased was a marine engineering student and was the only son of the parents and hence I find it appropriate to re-fix the income at ₹12,000/-.
Loss of dependency :- The learned standing counsel appearing for the insurance company submitted that the tribunal has added 50% future prospects to the income fixed. The deceased was aged 20 years at the time of accident.
2025:KER:73805 6 MACA NOS. 934 OF 2016 & 3110 OF 2015 Following the judgement in National Insurance Co. Ltd. v. Pranay Sethi [2017(4) KLT 662(SC)], I find that 40% future prospects is to be added to the income fixed and not 50% since he was not a permanent employee. By adding 40% to the income now fixed by this Court, the amount would be ₹16,800/- for awarding compensation under the head loss of dependency.
Since the deceased was a bachelor, the deduction towards personal and living expenses is 1/2. Accordingly, following the judgements in Pranay Sethi (supra) and Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802(SC)], the compensation payable under the head loss of dependency is re-calculated thus: ₹18,14,400/-(16800 x 12 x 18 x 1/2). The tribunal has awarded an amount of ₹16,20,000/-. Thus, there will be an additional amount of ₹1,94,400/- under the head loss of dependency.
Loss of consortium/Loss of love and affection :- The learned counsel for the appellants submitted that towards loss of consortium, the tribunal has not awarded any amount, whereas there were two legal heirs and they were entitled for a total consortium of ₹80,000/- (40000x2). I find that they are also entitled to get 10% enhancement in a span of three years 2025:KER:73805 7 MACA NOS. 934 OF 2016 & 3110 OF 2015 after 2017. Accordingly, the claimants are awarded a compensation of ₹48,400/- each towards loss of consortium, totalling to ₹96,800/- (48400 x 2).
The learned standing counsel appearing for the insurer submitted that towards loss of love and affection the tribunal has awarded an amount of ₹50,000/-. Following 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 ₹50,000/- awarded under the head loss of love and affection. Funeral expenses :- The learned standing counsel appearing for the insurance company submitted that going by the judgment in National Insurance Co.Ltd. v. Pranay Sethi [2017(4) KLT 662(SC)], the claimants are entitled only for a total compensation of ₹15,000/-. The tribunal has awarded an amount of ₹25,000/- under the said head. Thus, following the judgment in Pranay Sethi (supra), I find that the claimants are entitled only for an amount of ₹15,000/- towards funeral 2025:KER:73805 8 MACA NOS. 934 OF 2016 & 3110 OF 2015 expenses. Therefore, there will be a deduction of ₹10,000/- under the afore head.
Loss of estate :- The learned standing counsel appearing for the insurance company submitted that going by the judgment in Pranay Sethi (supra), the claimants are entitled only for a total compensation of ₹15,000/-. The tribunal has awarded an amount of ₹1,00,000/- under the said head. Thus, following the judgment in Pranay Sethi (supra), I find that the claimants are entitled only for an amount of ₹15,000/- towards funeral expenses. Therefore, there will be a deduction of ₹85,000/- under the afore head.
Pain and sufferings :- The learned counsel for the claimants submitted that though an amount of ₹40,000/- was claimed, the tribunal has awarded only an amount of ₹10,000/- under the head pain and sufferings. Considering the nature of the injuries sustained, I find that an additional compensation of ₹15,000/- can be awarded, totalling to ₹25,000/- under the said head.
6. Though the appellant claimed enhancement of compensation under the other heads, on a perusal of the records available, I am not inclined to interfere with the 2025:KER:73805 9 MACA NOS. 934 OF 2016 & 3110 OF 2015 compensation awarded by the tribunal under other heads since it appears to be just and reasonable. Since the appeal is of the year 2015, I find it appropriate to fix the interest @ 8% per annum on the enhanced amount.
7. Thus, the impugned award of the tribunal is modified as follows:-
Sl.
No Head of Amount Amount Modified Total Claim claimed awarded by in appeal compensation the tribunal 1 Loss of 34,00,000 16,20,000 1,94,400 18,14,400 dependency 2 Transport to 2,000 7,350 Nil 7,350 hospital 3 Extra 3,000 Nil Nil Nil nourishment 4 Bystander 1,000 Nil Nil Nil expenses 5 Damage to 1,000 1,000 Nil 1,000 clothes 6 Medical 80,000 64,950 Not 64,950 expenses modified 7 Funeral 60,000 25,000 10,000(-) 15,000 expenses 8 Pain and 40,000 10,000 15,000 25,000 suffering 9 Loss of love 2,00,000 50,000 50,000(-) Deleted and affection 10 Loss of Nil Nil 96,800 96,800 consortium 11 Loss of estate 50,000 1,00,000 85,000(-) 15,000 12 Others 4,000 Nil Nil Nil TOTAL 38,41,000 18,78,300 1,61,200 20,39,500 limited to 24,41,000 Accordingly, both the appeals are allowed in part and the 2025:KER:73805 10 MACA NOS. 934 OF 2016 & 3110 OF 2015 claimants are awarded an additional compensation of ₹1,61,200/- (Rupees One lakh sixty one thousand and two hundred only) over and above the compensation awarded by the tribunal with interest @ 8% per annum from the date of petition till realization and proportionate costs. The 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. The claimant shall furnish copies of the PAN Card, ADHAAR Card and bank details before the 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. Upon such deposit being made, the entire amount shall be disbursed to the appellant 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 253 days in filing M.A.C.A. No.934 of 2016.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE STB