Kerala High Court
National Insurance Co.Ltd vs Pushpa Thachttu on 25 July, 2025
M.A.C.A. No.70 of 2020
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2025:KER:54925
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
MACA NO. 70 OF 2020
AGAINST THE AWARD DATED 30.08.2019 IN OP(MV)NO.21 OF
2018 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
KOZHIKODE.
APPELLANT/3RD RESPONDENT:
NATIONAL INSURANCE CO.LTD.,
2ND FLOOR, MPK BUILDING, OPP.TOWN HALL, NUT STREET,
VADAKARA, KOZHIKODE, REPRESENTED BY ITS MANAGER,
LAWRENCE, S/O. AUGUSTINE, AGED 56 YEARS, PALLIKUNNEL
HOUSE, PATTIKAD P O, THRISSUR DISTRICT, PIN-680 652,
KOCHI REGIONAL OFFICE, OMANA BUILDING, M.G. ROAD,
ERNAKULAM, PIN-682 035.
BY ADV SRI.P.G.GANAPPAN
RESPONDENTS/CLAIMANTS & RESPONDENTS 1 & 2:
1 PUSHPA THACHATTU,
AGED 65 YEARS, W/O. CHANDRAN NAIR, PUSHPA NIVAS,
VENGERI P.O., KANNADIKKAL, KOZHIKODE, PIN-673 012.
2 BINDU,
AGED 45 YEARS, D/O. CHANDRAN, THAZHATHE VALAPPIL,
KANNADIKKAL, KOZHIKODE, PIN-673 012.
3 VIJAYA KUMAR T.,
AGED 48 YEARS, S/O. CHANDRAN NAIR,THAZHATHE
VALAPPIL, VENGERI P.O., KARAPARAMBA, PIN-673 012.
4 PRASAD T.,
AGED 43 YEARS, S/O. CHANDRAN NAIR, PUSHPA NIVAS,
KANNADIKKAL, VENGERI P.O., KOZHIKODE, PIN-673 012.
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5 PRAMOD T.,
AGED 41 YEARS, S/O. CHANDRAN NAIR, PUSHPA NIVAS,
KANNADIKKAL, VENGERI P.O., KOZHIKODE, PIN-673 012.
6 SURESH KUMAR,
S/O. KUNHIKRISHNAN NAMBIAAR, KOODATHAM, KANDIYIL,
PURAMERI P.O., VADAKARA, KOZHIKODE, PIN-673 503.
7 SHYAMA PRASAD P.K,
AGED 55 YEARS, S/O. KUNHIKELU KURUP, MANANTHALA
HOUSE, AYANCHERI P.O., VILLIAPPALLI, VADAKARA,
KOZHIKODE, PIN-673 541.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A. No.70 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.70 of 2020
----------------------------------------------------
Dated this the 25th day of July, 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the third respondent/insurer in O.P. (MV)No.21/2018 on the file of the Motor Accidents Claims Tribunal, Kozhikode (the Tribunal), aggrieved by the amount of compensation granted by Award dated 30/08/2019. The respondents herein are the claim petitioners and respondents 1 & 2 respectively in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.
2. The claim petitioners are the wife and children of the deceased. According to the claim petitioners, on 31/03/2017 at about 03:30 p.m., while the deceased was pillion riding on motorcycle bearing registration No.KL-11-BF-2587 from Kozhikode to Vengeri and when he reached near Vengeri junction, car bearing registration No.KL-18-F05988 driven by the second respondent in a rash and M.A.C.A. No.70 of 2020 4 2025:KER:54925 negligent manner knocked him down, as a result of which he sustained grievous injuries to which he succumbed. An amount of ₹20,00,000/- was claimed as compensation under various heads.
3. The first respondent/owner remained ex parte.
4. The second respondent/driver filed written statement denying negligence on his part.
5. The third respondent/insurer filed written statement admitting the existence of a valid policy but denying negligence on the part of the second respondent/driver. The age, occupation, income and injuries were disputed. It was also contended that the amount claimed was exorbitant.
6. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A9 were marked on the side of the claim petitioners. No documentary evidence was adduced by the respondents.
7. The Tribunal on consideration of the documentary evidence and after hearing both sides, found negligence on the part of the second respondent/driver of the offending car resulting in the incident and hence awarded an amount of ₹16,63,500/- together with M.A.C.A. No.70 of 2020 5 2025:KER:54925 interest @ 8% per annum from the date of the petition till the date of realisation along with proportionate costs. Aggrieved by the Award, the third respondent/insurer has come up in appeal.
8. 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.
9. Heard the learned counsel for the appellant. Though notice was served on the respondents, they have neither appeared in person nor through counsel.
10. The award of compensation by the Tribunal under the following head is challenged by the claim petitioner - Notional income It is submitted by the learned counsel for the third respondent/insurer that the deceased aged 70 years, as per Ext.A9, was drawing a pension of ₹37,292/-. After his death, his wife who is the first claim petitioner was drawing 50% of the pension amount, that is, an amount of ₹18,500/- towards family pension and hence it is the loss of 50% of the pension, that is ₹18,500/-, which ought to have been taken as the notional income of the deceased. In support of M.A.C.A. No.70 of 2020 6 2025:KER:54925 the argument, she relies on the dictum in Vishavjit Singh v. Cholamandalam MS General Insurance Company Ltd., unreported Civil Appeal arising out of Special Leave Petition (Civil) No.13442 of 2020 dated 21/05/2025.
10.1. Admittedly, the deceased was a pensioner, who was getting an amount of ₹37,292/- as monthly pension. The first claim petitioner being the wife, will be drawing family pension, that is, 50% of the pension that was drawn by the pensioner. That be so, the loss that would have been sustained would be 50% of the pension, that is, ₹18,500/-. Hence the notional income of the deceased at the time of the death can be fixed as ₹18,500/-.
11. The impugned Award is modified to the following extent :
Sl. Head of claim Amount Amount Modified in No. claimed Awarded by appeal Tribunal 1 Loss of ₹25,00,000/- ₹14,33,330/- ₹7,40,000/-
dependency (₹18,500/-
x12x2/3x5)
2 Spousal ₹5,00,000/- ₹40,000/- ₹40,000/-
consortium (No
modification)
3 Parental -- ₹1,60,000/- ₹1,60,000/-
consortium (₹40,000/- x (No
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4) modification)
4 Loss of estate ₹1,00,000/- ₹15,000/- ₹15,000/-
(No
modification)
5 Funeral ₹50,000/- ₹15,000/- ₹15,000/-
expenses (No
modification)
Total Limited to ₹16,63,330/- ₹9,70,000/-
₹20,00,000/- rounded off
to
₹16,63,500/-
In the result, the appeal is allowed by deducting the compensation awarded, by an amount of ₹6,93,500/- (total compensation = ₹9,70,000/- that is, ₹16,63,500/- granted by the Tribunal minus ₹6,93,500/- deducted in appeal). The amount of ₹10,00,000/- deposited by the appellant/insurer pursuant to the order of this Court dated 20/02/2020 shall be given credit to when the final disbursement is made.
Interlocutory applications, if any pending, shall stand closed.
SD/-
C.S. SUDHA JUDGE ak