Kerala High Court
Maggie Babu vs The United India Insurance Co.Ltd on 19 March, 2026
MACA NO. 1341 OF 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 19TH DAY OF MARCH 2026 / 28TH PHALGUNA, 1947
MACA NO. 1341 OF 2020
AGAINST THE AWARD DATED 13.12.2018 IN OP(MV) NO.1333 OF 2017 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER :-
1 MAGGIE BABU, AGED 56 YEARS
W/O.BABU P.A. @ BABU ANTONY, PULIKKAL HOUSE,2/158C,
EZHUPUNNA P.O., NOW RESIDING AT PULIKKAL HOUSE,
V.A.T.ROAD, EDACOCHIN, COCHIN - 10.
2 DIVYA ANTONY, AGED 35 YEARS
D/O.BABU P.A. @ BABU ANTONY, PULIKKAL HOUSE, 2/158C,
EZHUPUNNA P.O., NOW RESIDING AT PULIKKAL
HOUSE,V.A.T.ROAD, EDACOCHIN, COCHIN - 10.
3 DEEPU ANTONY, AGED 34 YEARS
S/O.BABU P.A. @ BABU ANTONY, PULIKKAL HOUSE, 2/158C,
EZHUPUNNA P.O., NOW RESIDING AT PULIKKAL HOUSE,
V.A.T.ROAD, EDACOCHIN,COCHIN - 10.
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
SHRI.MIDU DEV PREM
RESPONDENT/3RD RESPONDENT :-
THE UNITED INDIA INSURANCE CO.LTD.,
T.P.CELL, 4TH FLOOR, JOS TRUST BUILDING, CHITTOOR ROAD,
M.G.ROAD P.O., ERNAKULAM, COCHIN - 682 035,
REP. BY ITS MANAGER.
BY ADV SHRI.P.K.MANOJKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 1341 OF 2020
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JUDGMENT
This appeal is filed by the claimants in O.P (MV) No.1333 of 2017 on the file of the Additional Motor Accidents Claims Tribunal, Ernakulam dissatisfied with the quantum of compensation awarded by the tribunal. The respondent herein was the 3 rd respondent before the tribunal.
2. According to the claimants, on 12.03.2017 at about 20.15 pm, while the deceased was walking through the road, a motorcycle bearing registration No.KL-32-B-6563 ridden by the 1 st respondent in a rash and negligent manner hit on the claimant. As a result of the accident the deceased fell down and sustained grievous injuries and succumbed to the injuries on 07.05.2017. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹40,00,000/-.
3. The first and second respondent/driver and owner of the offending vehicle remained ex parte before the tribunal. The 3 rd respondent/insurer filed a written statement admitting the validity of the policy but disputing the quantum of compensation claimed and denying negligence. Before the tribunal, Exts.A1 to A8 were marked. MACA NO. 1341 OF 2020 3 2026:KER:24791 The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹16,66,460/- 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 of the offending vehicle. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants, being the legal heirs of the deceased, have come up in appeal.
4. Heard the learned counsel for the appellants and the learned Standing Counsel for the respondent insurance company.
5. The learned counsel for the appellants claim enhancement mainly under the following heads :-
Loss of consortium/loss of love and affection :- The learned counsel for the appellants submitted that the tribunal has granted only an amount of ₹40,000/- towards loss of consortium to the 1st petitioner as spousal consortium. Following the judgment in Pranay Sethi (supra), since the legal heirs are 3 in number, including the two children, the claimants are entitled to get a total compensation of ₹1,20,000/- (40,000 x 3) under the head loss of consortium. Thus, there will be an additional amount of ₹80,000/- under the head loss of consortium.
MACA NO. 1341 OF 2020 4 2026:KER:24791 The learned standing counsel appearing for the insurance company submitted that an amount of ₹1,00,000/- was awarded by the tribunal under the head loss of love and affection to petitioners 2 and 3. In New India Assurance Company v. Somwati and others [2020 (5) KLT OnLine 1198 (SC)], 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. Accordingly, I delete ₹1,00,000/- awarded by the tribunal under the head loss of love and affection.
Compensation for loss of dependency :- The learned counsel for the claimants submitted that, while awarding compensation under the head of loss of dependency, the Tribunal deducted 1/2 towards personal and living expenses on the ground that appellants 2 and 3 are major children. It is contended that the said deduction is erroneous. The deceased was a married person having three legal heirs, wife and children. Being a married person, though his children are majors, the deceased would not have spent like a bachelor. In such circumstances, following the principles laid down in National Insurance Company Ltd. v. Pranay Sethi [2017 (4) KLT 662 (SC)], the appropriate deduction ought to have been MACA NO. 1341 OF 2020 5 2026:KER:24791 1/3rd and not 1/2.
Accordingly, following Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802(SC)] and Pranay Sethi (supra), the total compensation payable under the head loss of dependency is recalculated thus: ₹15,84,000/- (22,000x12x9x2/3). The tribunal had granted an amount of ₹11,88,000/- under the said head. Thus, there will be an additional amount of ₹3,96,000/- under the head loss of dependency.
6. On a perusal of the award and 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.
7. Thus, the impugned award of the tribunal is modified as follows:
Sl.
No Head of Claim Amount Amount Modified in Total
claimed awarded by appeal compensation
the tribunal
1 Compensation for 3,00,000 40,000 80,000 1,20,000
consortium
2 Loss of estate 10,00,000 15,000 (not modified) 15,000
3 Transport to hospital 25,000 25,000 (not modified) 25,000
4 Treatment expenses 1,00,000 58,460 (not modified) 58,460
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5 Loss of love and 5,00,000 1,00,000 1,00,000 (-) deleted
affection
6 Funeral expenses 25,000 15,000 (not modified) 15,000
7 Damage to clothing 30,000 2,000 (not modified) 2,000
8 Attendant expenses 30,000 23,000 (not modified) 23,000
9 Pain and sufferings 1,00,000 2,00,000 (not modified) 2,00,000
10 Loss of dependency 21,60,000 11,88,000 3,96,000 15,84,000
TOTAL 48,70,000 16,66,460 3,76,000 20,42,460
Accordingly, this appeal is allowed in part and the
appellant/claimants are awarded an additional amount of
₹3,76,000/- (Rupees three lakhs seventy six thousand 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 from the respondent/insurer. The 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 insurer to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the respondent MACA NO. 1341 OF 2020 7 2026:KER:24791 insurer 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. However, it is made clear that the enhanced compensation will not carry interest for the period of delay of 139 days in filing the appeal.
The ratio adopted by the Tribunal shall be followed while determining the enhanced compensation as well.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE SMA