Kerala High Court
The Oriental Insurance Co.Ltd vs Benny. M.T. @Thomas on 22 January, 2025
M.A.C.A. No.3953/2023 :1:
2025:KER:4981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946
MACA NO. 3953 OF 2023
AGAINST THE AWARD DATED 02.02.2023 IN O.P(MV) NO.91 OF 2022 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL,WAYANDA, KALPETTA
APPELLANT/3RD RESPONDENT:
THE ORIENTAL INSURANCE CO.LTD.
DIVISIONAL OFFICE NO.1, DOOR NO.19/2076-D8, KOTTAKKAL, OPP.
JAYALAKSHMI SILKS, KALLAI ROAD, KOZHIKODE-2 , REPRESENTED BY
ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH,
KOCHI, PIN - 682 018.
BY ADVS.
GEORGE A.CHERIAN
SOUMYA FRANCIS
GEORGE CHERIAN (SR.)
RESPONDENTS/PETITIONERS:
1 BENNY. M.T. @THOMAS, AGED 56 YEARS
S/O THOMAS, MOONGANANIKKAL HOUSE , SETTUKKUNNU,
ACHOORANAM POST, VYTHIRI TALUK, WAYANAD DISTRICT.,
PIN - 673 575.
2 MARY. T., AGED 49 YEARS
W/O BENNY, MOONGANANIKKAL HOUSE, SETTUKKUNNU, ACHOORANAM
POST, VYTHIRI TALUK, WAYANAD DISTRICT., PIN - 673 575.
3 TINU. M.T. @ TINU BENNY, AGED 20 YEARS
S/O BENNY, MOONGANANIKKAL HOUSE, SETTUKKUNNU, ACHOORANAM
POST, VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673 575.
BY ADV MATHEW kURIAKOSE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
20.01.2025, THE COURT ON 22.01.2025 DELIVERED THE FOLLOWING:
M.A.C.A. No.3953/2023 :2:
2025:KER:4981
JOHNSON JOHN, J.
---------------------------------------------------------
M.A.C.A No.3953 of 2023
& I.A. No. 1 of 2025
--------------------------------------------------------
Dated this the 22nd day of January, 2025.
JUDGMENT
This appeal is filed by the 3 rd respondent insurance company in O.P.(MV) No. 91 of 2022 of the Motor Accident Claims Tribunal, Wayanad challenging the quantum of compensation fixed by the Tribunal under various heads as exorbitant.
2. The claim petitioners are the legal heirs of the deceased, who died in a motor vehicle accident on 01.06.2021. According to the claim petitioners, while the deceased was riding motorcycle, lorry driven by the 1st respondent in a rash and negligent manner caused to hit an electric post and the electric line of the collapsed electric post fell on the neck of the deceased and thereby, the deceased fell down from the motorcycle and sustained serious injuries and subsequently, succumbed to his injuries while undergoing treatment.
3. The 2nd respondent is the owner of the lorry and 3 rd respondent is the insurer.
M.A.C.A. No.3953/2023 :3:
2025:KER:4981
4. Before the Tribunal, Exhibits A1 to A9 were marked from the side of the petitioners and no evidence adduced from the side of the respondents.
5. After trial and hearing both sides, the Tribunal awarded a total compensation of Rs.31,87,000/- to the petitioners.
6. Heard both sides and perused the records.
7. The learned counsel for the appellant insurance company argued that the Tribunal, without any evidence, fixed a notional income of Rs.20,000/- for the deceased on the ground that the deceased was an engineering student. It is true that no document was produced before the Tribunal to show that the deceased was an engineering student at the time of the accident.
8. But, the learned counsel for the respondents pointed out that the averment in the claim petition that the deceased was an engineering student is not specifically denied in the written statement of the insurance company.
9. Respondents filed I.A. No. 1 of 2025 under Order XLI Rule 27 of CPC to receive Annexure R1(a) certificate issued by Cochin College of M.A.C.A. No.3953/2023 :4: 2025:KER:4981 Engineering and Technology stating that the deceased was a student B Tech Electronics & Communication Engineering during 2015-2019 batch. In the affidavit filed in support of the petition, it is stated that the petitioners were able to trace out the same only after a thorough search from the records left behind by the deceased only recently and therefore, they were not able to produce the same before the Tribunal. The genuineness of Annexure R1(a) is not disputed by the appellants and therefore, considering the circumstances stated in the affidavit, petition is allowed and the document produced as Annexure R1(a) is marked as Exhibit A10.
10. In Ramakrishnapillai K. and others v. New India Assurance Co. Ltd. (2015 (3) KLJ 750), this Court fixed the monthly income of a B. Tech 4th Semester student who died in an accident on 10.03.2006 as Rs.12,000/-. In Kandasamy v. Linda Briyal [2023 KHC 5361], the Honourable Supreme Court reckoned Rs.25,000/- as the monthly income of an engineering graduate who died in an accident occurred on 28.09.2008.
11. The Tribunal also relied on the decision of the Honourable Supreme Court in Basanti Devi and another v. The New India Insurance Co. Ltd. and others [Live Law 2021 SC 728], wherein the Honourable Supreme Court fixed the notional monthly income of an M.A.C.A. No.3953/2023 :5: 2025:KER:4981 engineering student, who lost his life in an accident on 10.03.2011 at Rs.20,000/-. In that circumstance, I find that the notional income fixed by the Tribunal is just and reasonable and warrants no interference.
12. The learned counsel for the appellant invited my attention to the compensation awarded by the Tribunal for loss of consortium and loss of love and affection. The Tribunal awarded Rs.88,000/- towards loss of consortium and Rs.25,000/- towards loss of love and affection.
13. The decision of the Hon'ble Supreme Court in National Insurance Co. Ltd. v Pranay Sethi [(2017) 16 SCC 680] would show that the reasonable amount payable on conventional heads namely loss of estate, loss of consortium and funeral expenses should be Rs.15,000/-, Rs.40,000/- and Rs.15,000/- respectively and that the aforesaid amount should be enhanced by 10% in every three years. The Hon'ble Supreme Court in Rojalini Nayak & Ors v. Ajit Sahoo (2024 KHC Online 8300) by adopting the above metric awarded a compensation of Rs.48,400/- towards loss of consortium and Rs.18,150/- each towards funeral expenses and loss of estate. Therefore, the amount awarded by the Tribunal towards funeral expenses and loss of estate will be modified to Rs.18,150/- each and the petitioners will also be entitled for Rs.48,400/- towards loss of M.A.C.A. No.3953/2023 :6: 2025:KER:4981 consortium. The decision of the Hon'ble Supreme Court in Shriram General Ins. Co. Ltd. v. Bhagat Singh Rawat (2023 KHC Online 7244) shows that the compensation under the heads of loss of love and affection and loss of consortium cannot be granted to each legal representative of the deceased and in view of the said position, the petitioners are not entitled for a separate amount towards loss of love and affection.
14. In conclusion, the reduced amount of compensation, as modified as a result of the above discussion is encapsulated, in a tabular format herein below:
Compensation Sl. Final Amount Particulars awarded by the No Payable Tribunal (Rs.) 1 Loss of dependency 30,24,000/- 30,24,000/- 2 Loss of estate 16,500/- 18,150/- 3 Funeral expenses 16,500/- 18,150/- 4 Loss of consortium 88,000/- 48,400/- 5 Love and affection 25,000/- NIL 6 Transportation expenses 10,000/- 10,000/- 7 Damage to clothing 2,000/- 2,000/- 8 Pain and suffering 5,000/- 5,000/-
Total amount Payable 31,87,000/- 31,25,700/-
15. Accordingly, the total amount of compensation payable to the petitioners is determined as Rs.31,25,700/-. M.A.C.A. No.3953/2023 :7:
2025:KER:4981 In the result, this appeal is allowed in part and the total amount of compensation payable to the petitioners is determined as Rs.31,25,700/-. The claim petitioners are allowed to recover the compensation amount of Rs.31,25,700/- (Rupees Thirty One Lakhs Twenty Five Thousand and Seven Hundred only) with interest at the rate of 8% per annum from the date of the claim petition till the date of realization with proportionate costs from the respondents. The appellant insurance company shall deposit the said amount together with interest and costs before the Tribunal within a period of three months from the date of receipt of a certified copy of this judgment.
sd/-
JOHNSON JOHN, JUDGE.
Rv