Kerala High Court
Pushpam vs Malayan on 13 January, 2026
MACA NO. 846 OF 2016 1 2026:KER:2851
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA, 1947
MACA NO. 846 OF 2016
AGAINST THE AWARD DATED 11.05.2015 IN OP(MV) NO.345 OF 2013
OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, PALAKKAD
APPELLANTS/PETITIONERS :
1 PUSHPAM
W/O.RAJA GOPALAN,
AGED 54 YEARS, RESIDING AT PUTHEN PILLAI,
CHEMBUKUZHI, VADHIYARCHALLA,
PAMPAMPALLAM, PALAKKAD DISTRICT, 678621
2 SAKTHIVEL
S/O.RAJA GOPALAN, AGED 38 YEARS,
RESIDING AT PUTHEN PILLAI,
CHEMBUKUZHI, VADHIYARCHALLA,
PAMPAMPALLAM, PALAKKAD DISTRICT, 678621
3 RAMKUMAR
S/O.RAJA GOPALAN, AGED 35 YEARS,
RESIDING AT PUTHEN PILLAI,
CHEMBUKUZHI, VADHIYARCHALLA,
PAMPAMPALLAM, PALAKKAD DISTRICT, 678621
BY ADV SRI.BINOY VASUDEVAN
RESPONDENTS/RESPONDENTS :
1 MALAYAN
S/O.MUNDAN, AGED 63 YEARS,
KARANAMKADU, THENPALLAM,
PALLASSENA PO,
PALAKKAD DISTRICT, 678505
2 RAJAN
S/O.MALAYAN @ CHAMI
MACA NO. 846 OF 2016 2 2026:KER:2851
AGED 30 YEARS
NEARUKAKKAD, KALLEPULLY PO,
PALAKKAD DISTRICT, 678018
3 NATIONAL INSURANCE CO. LTD.
3RD FLOOR, KANOONS EAST FORT RESORT,
KUNNATHURMEDU PO, PALAKKAD, 678013
BY ADV SHRI.P.JACOB MATHEW, STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 13.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 846 OF 2016 3 2026:KER:2851
J U D G M E N T
This appeal is filed by claimants in O.P.(MV) No. 345/2013 on the file of the Motor Accidents Claims Tribunal, Palakkad dissatisfied with the quantum of compensation awarded by the tribunal. The respondents herein were the respondents before the tribunal.
2. According to the claimants, On 02.01.2013 at 5.45 p.m., while the deceased Rajagopalan was walking through the mud portion of the road, a motor cycle bearing registration No.KL/49/B/3139 driven by the second respondent in a rash and negligent manner caused to hit the deceased due to which he sustained serious injuries and succumbed to the same. The legal heirs of the deceased who are the wife and children of the deceased approached the tribunal claiming a total compensation of ₹12,48,000/- limited to ₹7,00,000/-.
3. Respondents 1 and 2, who are the owner and driver of the offending vehicle respectively, did not file any written statement before the tribunal. The 3rd respondent insurer filed a written statement admitting the insurance policy but disputing the quantum of compensation claimed and denying liability. Exts.A1 to A12 were marked. The tribunal, after MACA NO. 846 OF 2016 4 2026:KER:2851 analysing the pleadings and materials on record, awarded a total compensation of ₹2,35,500/- with interest @ 9% per annum against the respondent insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants have come up in appeal.
4. Heard the learned counsel for the appellants and the learned Standing Counsel for the third respondent insurance company.
5. The learned counsel for the appellants claims enhancement mainly under the following heads :-
Notional income :- The learned counsel for the appellants submitted that though an amount of ₹7,000/- was claimed for the deceased as notional income, who was working as a security guard, the tribunal had considered only an amount of ₹3,500/-. The learned counsel further submitted that even going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd.[2011 (13) SCC 236], the income of a Coolie, for an accident in 2013 is fixed as ₹9,000/- and sought for enhancement of income. In order to award a just and reasonable compensation, following the judgment in Ramachandrappa (supra), I find it appropriate to fix the income at ₹9,000/-.
Loss of dependency :- The learned counsel for the
MACA NO. 846 OF 2016 5 2026:KER:2851
appellants submitted that the tribunal deducted one-half
instead of one-third towards the personal and living expenses of the deceased. The deceased was a married person aged 67 years, survived by his wife and two major children. Since he was married, he would not have spent his income in the manner that of a bachelor, and therefore, the deduction of one-half towards living expenses by the tribunal is not justified. I find it appropriate to deduct one-third, as the deceased was a married person and was survived by his wife and two children. Therefore, since the notional income has been re- fixed at ₹9,000/-, following the judgments in National Insurance Co. Ltd. v. Pranay Sethi [2017(4) KLT 662(SC)] and Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802(SC)] compensation payable towards loss of dependency is recalculated as follows: (9000 x 12 x 5 x 2/3) 3,60,000/-. The tribunal had awarded an amount of ₹1,05,000/- under the head loss of dependency. Therefore, an additional sum of ₹2,55,000/- is payable under the head of loss of dependency.
Loss of consortium/Loss of love and affection :- The learned counsel appearing for the appellants submitted that the tribunal had awarded only a sum of ₹75,000/- towards loss of consortium. The deceased is survived by his wife and two sons, who are his legal heirs. Hence, I find that all three MACA NO. 846 OF 2016 6 2026:KER:2851 are entitled to ₹40,000/- each towards loss of consortium. Since the tribunal had awarded only an amount of ₹75,000/- towards loss of consortium, following Pranay Sethi (supra), I find that the claimants are entitled to a 10% enhancement in a span of three years after 2017. Accordingly, they are entitled to a total compensation of ₹48,400/- each towards loss of consortium, totalling to ₹1,45,200/- (48400 x 3). Since the tribunal has already awarded an amount of ₹75,000/- under this head, there shall be an additional compensation of ₹70,200/- towards loss of consortium.
The learned Standing Counsel for the respondent insurer submits that the tribunal awarded ₹20,000/- towards loss of love and affection, which is impermissible and runs against the mandate in Pranay Sethi (supra). I find force in the submission of the learned Standing Counsel. Once compensation is awarded under the head of loss of consortium, no amount shall be awarded towards loss of love and affection as it amounts to duplication of compensation as held in New India Assurance Company Ltd. v. Somwati and others [2020 (5) KLT OnLine 1198 (SC)]. Therefore, the compensation of ₹20,000/- awarded by the tribunal towards loss of love and affection is deleted.
MACA NO. 846 OF 2016 7 2026:KER:2851
Loss of estate :- On a perusal of the award, it is
seen that the tribunal had awarded only a sum of
₹5,000/-. Following the judgment in Pranay Sethi (supra), I find that the legal heirs are entitled to an enhancement of 10% in a span of three years after 2017. Thus, the total amount to be awarded under the aforesaid head would be ₹18,150/-. Since the tribunal has already awarded an amount of ₹5,000/- towards loss of estate, there shall be an additional amount of ₹13,150/- under the aforesaid head.
Funeral expenses :- On a perusal of the award, it is seen that the tribunal awarded an amount of ₹25,000/- towards funeral expenses. However, going by the judgment in Pranay Sethi (supra), the maximum amount of funeral expenses ought to have been granted by the tribunal is ₹15,000/-. Thus, there will be a deduction of ₹10,000/- under this head.
6. Though the appellants/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. Since the appeal is of the year 2016, I find it appropriate to fix the interest @7% MACA NO. 846 OF 2016 8 2026:KER:2851 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 Transport 15,000 5,000 not 5,000
expenses modified
2 Damage to 3,000 500 not 500
clothing modified
3 Pain and 30,000 Not allowed - -
suffering
4 Loss of 7,00,000 1,05,000 2,55,000 3,60,000
dependency
5 Loss of 1,00,000 75,000 70,200 1,45,200
consortium
6 Loss of 1,00,000 20,000 (-)20,000 deleted
love and
affection
7 Loss of 1,00,000 5,000 13,150 18,150
estate
8 Funeral 50,000 25,000 (-)10,000 15,000
expenses
TOTAL 7,00,000 2,35,500 3,08,350 5,43,850
Accordingly, the appeal is allowed in part and the
appellants/claimants are awarded an additional compensation of ₹3,08,350/- (Rupees Three lakhs Eight Thousand Three Hundred and Fifty only) over and above the compensation 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 amount together MACA NO. 846 OF 2016 9 2026:KER:2851 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, 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. Upon such deposit being made, the entire amount shall be disbursed to the appellants/claimants at the earliest in accordance with law.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE rkj