Kerala High Court
Aboobacker vs Fr.Benedict on 13 October, 2025
MACA 818/2014
-1-
2025:KER:75701
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
MACA NO. 818 OF 2014
AGAINST THE AWARD DATED 24.04.2013 IN OPMV NO.440 OF 2007 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL,THRISSUR
APPELLANTS:
1 ABOOBACKER
AGED 55 YEARS
S/O.MAMU
2 HAJIRA
AGED 50 YEARS
W/O.ABOOBACKER, BOTH ARE RESIDING AT THERUVATHU VEEDU,
EDAPPALAM,PATTIKKAD P.O, THRISSUR DISTRICT
BY ADVS.
SRI.T.C.SURESH MENON
SRI.A.R.NIMOD
RESPONDENTS:
1 FR.BENEDICT
S/O.JAYARAJ,JEEVAN JYOTHI ASHRAMAM, AYROOR, KUNNUKARA,
NORTH PARAVUR ERNAKULAM 683584
2 ANTONY
S/O.OUSEPH,RESIDING AT KANDANKULATHIL
VEETTIL,KUNNUKARA,NORTH PARAVUR ERNAKULAM 683584
3 THE UNITED INDIA ASSURANCE COMPANY LIMITED
1ST FLOOR, K.G TOWER,TRICHUR ROAD,ANGAMALLY,
ERNAKULAM 683572
4 KASIM
S/O.ABOOBACKER, RESIDING T THERUVATHU
VEEDU,EDAPPALAM,PATTIKKAD P.O,THRISSUR 680 652
MACA 818/2014
-2-
2025:KER:75701
BY ADV SMT.R.REMA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
13.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA 818/2014
-3-
2025:KER:75701
JUDGMENT
(Dated this the 13th day of October, 2025) This appeal is filed by the claimants 1 and 2 in O.P (MV) No.440 of 2007 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents 1 to 3 herein are the respondents before the Tribunal, and the 4 th respondent is the 3rd claimant in the O.P.
2. According to the claimants, on 31.01.2007, at about 9 a.m., the deceased was riding a motorcycle bearing Reg. No.KL- 8/AK 7937 through Aluva-Angamaly public road in the north to south direction. When the motorcycle reached near Kottayi, a mini bus bearing Reg. No.KL-2/L 4925 driven by the 2 nd respondent came through the Aluva-Angamaly public road in the south to north direction; it hit the motorcycle while taking a 'U' turn without any signal. As a result, the deceased sustained injuries. He was taken to the hospital and on the way to the hospital, he succumbed to the injuries. The legal heirs of the deceased approached the tribunal claiming a total compensation of ₹6,00,000/-.
3. The first and second respondents, the owner and the driver of the offending vehicle respectively, remained ex parte MACA 818/2014 -4- 2025:KER:75701 before the tribunal. The third respondent, the Insurance Company, filed a written statement, admitting the insurance policy but disputing the amount claimed. Exts.A1 to A8 and Ext.B1 were marked before the tribunal. The tribunal, after analysing the pleadings and materials on record, found that the accident occurred due to negligence on the part of the 2 nd respondent and awarded a sum of ₹4,85,000/- as compensation under different heads with interest @ 8% per annum from the date of petition till realization with proportionate costs against the 3rd respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants, who are the legal heirs of the deceased, have come up in appeal.
4. Heard the learned counsel for the appellants and the learned standing counsel appearing for the respondent insurer.
5. The learned counsel for the appellants claims enhancement mainly under the following heads :-
Notional income :- The learned counsel for the appellants submits that an amount of ₹5000/- was claimed as the monthly income, the tribunal had taken only ₹4,000/- as the income of the deceased. The learned counsel for the claimants further MACA 818/2014 -5- 2025:KER:75701 submitted that even going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236], the monthly income of a coolie for an accident in 2007 is fixed at ₹6,000/-. Considering the fact that the deceased was a Manager of a footwear shop and in order to award just and reasonable compensation, I find it appropriate to re-fix his monthly income at ₹6,000/-.
Compensation for loss of dependency :- Since the deceased was aged 21 years at the time of accident and going by the judgment in National Insurance Co. Ltd. v. Pranay Sethi & Ors. [2017 (4) KLT 662 (SC)], the claimants are entitled to add 40% of the income fixed towards future prospects. Since the notional income is fixed at ₹6,000/-, by adding 40% towards future prospects, the income is recalculated as ₹8,400/- for the purpose of awarding compensation under the head loss of dependency. Accordingly, following the apex court's judgments in Pranay Sethi (supra) and Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802(SC)], the compensation payable under the said head is recalculated as thus: ₹9,07,200/- (8,400 x 12 x 18 x 1/2). The tribunal has already paid an amount of ₹4,32,000/- under the said head. Thus, there will be an additional MACA 818/2014 -6- 2025:KER:75701 amount of ₹4,75,200/- under the head loss of dependency.
Compensation for loss of estate :- The tribunal has awarded only an amount of ₹5,000/- towards loss of estate. Following the judgment in Pranay Sethi (supra), the compensation under loss of estate ought to have been ₹15,000/- and further, 10% enhancement has to be given in a span of three years after 2017. Thus, I deem it appropriate to award the claimants a total compensation of ₹18,150/- towards loss of estate. Since, the tribunal has already awarded ₹5,000/-, there will be an additional amount of ₹13,150/- under the afore head.
Compensation for funeral expenses :- The learned counsel appearing for the claimants submitted that going by the judgment in Pranay Sethi (supra), the claimants are entitled for a total compensation of ₹15,000/- and further, 10% enhancement has to be given in a span of three years after 2017. Thus, following the judgment in Pranay Sethi (supra), I deem it appropriate to award the claimants a total compensation of ₹18,150/- towards funeral expenses. Since, the tribunal has awarded only an amount of ₹5,000/- for funeral expenses, there will be an additional amount of ₹13,150/- under the afore head. MACA 818/2014 -7-
2025:KER:75701 Loss of love and affection/Loss of consortium:- The learned counsel for the appellants submits that parents of the deceased were alive at the time of accident. Considering the fact that there are two legal heirs, going by the judgment in Pranay Sethi (supra), I find that the claimants are entitled to get an amount of ₹80,000/- (40,000 x 2) towards loss of consortium. It is further submitted that following the judgment in Pranay Sethi (supra), they are also entitled to get 10% enhancement in a span of three years after 2017. Accordingly, the claimants are awarded a compensation of ₹48,400/- each towards loss of consortium, totalling to ₹96,800/- (48,400 x 2). Since the tribunal has awarded ₹30,000/- towards loss of love and affection, after adjusting the said amount towards loss of consortium, there will be an additional amount of ₹66,800/- under the head loss of consortium.
6. Though the appellants claimed compensation under 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 2014, I find it appropriate to fix the interest @ 7% per annum on the enhanced MACA 818/2014 -8- 2025:KER:75701 amount.
7. Thus, the impugned award of the tribunal is modified as follows:
Sl.
No Head of Claim Amount Amount Modified in Total
claimed awarded appeal compensa
by the tion
(in Rs.) tribunal
1 Funeral expenses 10,000 5,000 13,150 18,150
2 Transportation 4,000 3,000
expenses
3 Extra 3,000 (not
nourishment modified)
4 Damage to 1,000
clothing
5 Pain and suffering 15,000 10,000 (not 10,000
modified)
6 Loss of 5,20,000 4,32,000 4,75,200 9,07,200
dependency
7 Loss of estate 1,00,000 5,000 13,150 18,150
8 Loss of love and 30,000 30,000 66,800 96,800
affection/consor
tium
9. Loss on 25,000 - - -
expectancy of life
TOTAL 7,05,000 4,85,000 5,68,300 10,53,300
limited to
6,00,000
Accordingly, the appeal is allowed in part and the claimants are awarded an additional amount of ₹5,68,300/- (Rupees Five lakhs sixty eight thousand and three hundred only) over and above the compensation awarded by the tribunal with interest @7% per annum from the date of petition till realization and MACA 818/2014 -9- 2025:KER:75701 proportionate costs. The 3rd respondent 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 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 respondent insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the respondent insurance company to deposit the said amount before the tribunal. Upon such deposit being made, the entire amount shall be disbursed to the claimants at the earliest in accordance with law. The ratio adopted by the tribunal shall be followed in respect of the enhanced compensation as well. However, the claimants will not be entitled for interest for a period of delay of 205 days in filing the appeal.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE JS