The High Court allowed an appeal by the insurer, reducing the compensation awarded by the Motor Accident Claims Tribunal by deducting 15,000 for pain and suffering, marking the deceased as a minor, relative to the 2019 filing date.
Compensation reduced by 15,000/- for pain and suffering, final payable sum 19,11,466/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 5TH DAY OF DECEMBER 2023 / 14TH AGRAHAYANA,
1945
MACA NO. 2224 OF 2022
AGAINST THE ORDER/JUDGMENT IN OPMV 11/2019 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, OTTAPPALAM DATED 30/06/2021
APPELLANT/3RD RESPONDENT:
RELIANCE GENERAL INSURANCE COMPANY LIMITED,
AGED 37 YEARS
TB ROAD, MANGALAM TOWER, OPP. TOWN BUS STAND, PALAKKAD
- 678 014 NOW REPRESENTED BY ITS MANAGER, LEGAL-
CLAIMS, REGIONAL OFFICE, IMPERIAL TRADE CENTER, 4TH
FLOOR, M.G. ROAD, KOCHI -, PIN – 682 035
BY ADV P.JACOB MATHEW
RESPONDENTS/PETITIONERS:
1MOHAMMED ALI KUMBALATH VALAPPIL,
AGED 57, S/O. KUMBALATH VALAPPIL MUHAMMED, KUMBALATH
VALAPPIL HOUSE, THRITHALA P.O., PATTAMBI TALUK,
PALAKKAD -, PIN – 679 534
2KUBRA,
AGED 51, W/O. MOHAMMED ALI KUMBALATH VALAPPIL,
KUMBALATH VALAPPIL HOUSE, THRITHALA P.O., PATTAMBI
TALUK, PALAKKAD - . (RESPONDENTS 1 & 2 IN THE ABOVE
ORIGINAL PETITION ARE RESPECTIVELY THE DRIVER AND
OWNER OF THE INSURED VEHICLE. AS NO RELIEFS ARE
CLAIMED AGAINST THEM IN THIS APPEAL, THEY ARE NOT MADE
PARTIES), PIN – 679 534
BY ADV K.RAKESH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 05.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No.2224 of 2022
-:2:-
JUDGMENT
Dated this the 5th day of December, 2023
This appeal is preferred against an award passed by Motor Accident Claims Tribunal, Ottappalam (for short ‘the Tribunal’) on 30.06.2021 in OP(MV) No.11/99. Appellant is the 3rd respondent, who was the insurer of a pickup van bearing registration No. KL-
52/C-9795, that was involved in the motor accident.
MACA No.2224 of 2022
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MACA No.2224 of 2022
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compensation claimed was also challenged for its exorbitance and lack of basis.
MACA No.2224 of 2022
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on hand for disentitlement of the petitioners for that. A further contention was also raised by the learned counsel against the fixation by the Tribunal of `10,000/- as the monthly income, it being devoid of any basis. According to him, the victim of the motor accident being aged 18 years at the relevant time of his death, the Tribunal ought not to have fixed such a higher sum as the monthly income and calculated compensation on its basis.
MACA No.2224 of 2022
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compensation stood awarded by the Tribunal towards loss of dependency is also maintained.
15,000/- stood awarded by the Tribunal as compensation towards pain and sufferings is a sum for which, petitioners are not entitled to, in view of the position of law settled in that regard. The argument advanced being legal and proper, is sustained. Thus, 15,000/stood awarded as compensation towards pain and sufferings isMACA No.2224 of 2022
-:7:-
deducted from the total compensation arrived at by this Court as payable. A perusal of the impugned award would reveal that the Tribunal has awarded 15,000/- each as compensation towards loss of estate and funeral expenses and 80,000/- towards loss of consortium. The Original Petition being filed by the petitioners in the year 2019, petitioners are entitled to get only 15,000/-each as compensation towards loss of estate and funeral expenses and 40,000/- per head as compensation towards loss of consortium. The Tribunal has awarded compensation correctly and interference and modification is uncalled for. In the above manner of calculation, `15,000/- is liable to be deducted from the total compensation payable.
19,11,466/- (19,26,466/- - `15,000/-) (Rupees Nineteen lakhs eleven thousand four hundred and sixty six only) as compensation in favour of the petitioners. Interest at the rate of 8% per annum fixed by the Tribunal for the sum, from the date of filing of the Original Petition till the date of realisation is maintained. 3rd respondent shall pay the compensation within a-:8:-
MACA No.2224 of 2022
period of two months from the date of receipt of a certified copy of this judgment. The disbursal of the amount in favour of petitioners shall be in accordance with the directions issued by the Tribunal in the impugned award and the guidelines issued this Court in Circular No.03/2019 dated 06.09.2019.
Since the total sum found payable as compensation in favour of the petitioners exceeds their claim, they have to pay additional court fee proportionate to the excess sum. The Tribunal shall take necessary steps to realise the additional court fee payable, while disbursing the compensation in favour of the petitioners.
Sd/- MARY JOSEPH,
JUDGE.
ttb
3 issues framed by the court
Whether the insurer was justified in challenging the quantum of compensation awarded for rash and negligent driving.
Whether compensation for pain and suffering of 18 years should be awarded when the victim was a legal minor.
The proper calculation of compensation towards loss of estate, funeral expenses, and loss of consortium.
Reliance General Insurance Company Limited
Mohammed Ali Kumbalath Valappil
Kubra
Mary Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court