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2025 Supreme(Online)(Ker) 44843
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
THE NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
ELCY BENNY – Respondent
MACA NO. 185 OF 2020 | MACA NO. 2513 OF 2020
For the Appellants/Petitioners: SRI.GEORGE CHERIAN (SR.), SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN
For the Respondents: SHRI.MANOJ RAMASWAMY
The court modifies compensation awards for loss of income and consortium based on established legal principles, affirming liability for fatalities arising from negligence.
Headnote:The judgment revolves around appeals filed under Section 173 of the Motor Vehicles Act, 1988 concerning award disputes related to a fatal road accident. The Tribunal found negligence on part of the offending driver resulting in the death of the deceased. The claims revolved around the compensation awarded for loss of earnings, consortium, and damages. The Court analyzed if the Tribunal's findings warranted interference, ultimately adjusting the compensation awarded while upholding considerable portions thereof.
| Table of Content |
|---|
| 1. negligence established by the tribunal. (Para 2 , 5 , 6) |
| 2. court's final determination on tribunal findings. (Para 7) |
| 3. assessment of notional income and its implications. (Para 9) |
| 4. modification of awarded compensation for consortium. (Para 11) |
| 5. final ruling and modifications of compensation. (Para 12) |
2025:KER:60766 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947 MACA NO. 185 OF 2020 AGAINST THE AWARD DATED 17.07.2019 IN OPMV NO.129 OF
2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA.
APPELLANT/3RD RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LIMITED, POLACHIRACKAL BUILDINGS, KK ROAD, COLLECTORATE P.O., KOTTAYAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM.
BY ADVS.
SRI.GEORGE CHERIAN (SR.)
SMT.K.S.SANTHI SMT.LATHA SUSAN CHERIAN RESPONDENTS/PETITIONERS:
1 ELCY BENNY AGED 46 YEARS, W/O. BENNY PHILIP, PALACKAL HOUSE, PATTITHANAM, P.O., ETTUMANOOR, KOTTAYAM DISTRICT, PIN - 686 631.
2 AKSHAYAMOL BENNY ( MINOR)
DATE OF BIRTH 10.01.2007, D/O. BENNY PHILIP, PALACKAL HOUSE, PATTITHANAM P.O., ETTUMANOOR, KOTTAYAM DISTRICT, PIN 686 631, REPRESENTED BY HER MOTHER ELCY BENNY, IST RESPONDENT
2025:KER:60766
3 AKSHARAMOL BENNY ( MINOR)
DATE OF BIRTH 15.08.2008, D/O. BENNY PHILIP, PALACKAL HOUSE, PATTITHANAM P.O., ETTUMANOOR, KOTTAYAM DISTRICT, PIN - 686 631, REPRESENTED BY HER MOTHER ELCY BENNY, 1ST RESPONDENT.
4 P.P. JOSEPH, AGED 73 YEARS, S/O. PYLO, PALACKAL HOUSE, PATTITHANAM P.O., ETTUMANOOR, KOTTAYAM DISTRICT, PIN - 686 631.
BY ADV SHRI.MANOJ RAMASWAMY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 12.08.2025, ALONG WITH MACA.2513/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:60766 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947 MACA NO. 2513 OF 2020 AGAINST THE AWARD DATED 17/07/2019 IN OPMV NO.129 OF
2018 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA.
APPELLANTS/PETITIONERS:
1 ELSY BENNY AGED 46 YEARS, (WIFE OF THE DECEASED), W/O.LATE BENNY PHILIP, PALACKAL HOUSE, PATTITHANAM P.O., ETTUMANOOR, KOTTAYAM DISTRICT-686 631
2 AKSHYAMOL BENNY (MINOR)
AGED 12 YEARS (DAUGHTER OF THE DECEASED), D/O.LATE BENNY PHILIP, PALACKAL HOUSE, PATTITHANAM P.O., ETTUMANOOR, KOTTAYAM DISTRICT-686 631 (FOR AND ON BEHALF OF THE MINOR 2ND PETITIONER AS HER MOTHER AND GUARDIAN)
3 AKSHARAMOL BENNY (MINOR)
AGED 11 YEARS (DAUGHTER OF THE DECEASED), D/O.LATE BENNY PHILIP, PALACKAL HOUSE, PATTITHANAM P.O., ETTUMANOOR, KOTTAYAM DISTRICT-686 631 (FOR AND ON BEHALF OF THE MINOR 3RD PETITIONER AS HER MOTHER AND GUARDIAN)
2025:KER:60766
4 P.P.JOSEPH AGED 73 YEARS S/O.PYLO, (FATHER OF THE DECEASED), PALACKAL HOUSE, PATTITHANAM P.O., ETTUMANOOR, KOTTAYAM DISTRICT-686 631 BY ADV SHRI.MANOJ RAMASWAMY RESPONDENTS/RESPONDENTS:
1 PRADEEP S/O.CHANDRAN, THURUTHEPARAMBIL HOUSE, WEST MANGAD P.O., THRISSUR DISTRICT-685 042.
2 RAJESH K.R.
S/O.RAVEENDRAN, KULAPARAMBIL HOUSE, THIRUTHIKAD, PORKULAM P.O., THRISSUR DISTRICT-685 042
3 THE NEW INDIA ASSURANCE CO LTD.
REP.BY ITS MANAGER, POLACHIRACKAL BUILDINGS, K.K.ROAD, KOTTAYAM COLLECTORATE P.O., KOTTAYAM DISTRICT-686 002 BY ADV SMT.LATHA SUSAN CHERIAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 12.08.2025, ALONG WITH MACA.185/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:60766 C.S.SUDHA, J.
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M.A.C.A.Nos.185 of 2020 and 2513 of 2020 ----------------------------------------------------
Dated this the 12th day of August 2025
J U D G M E N T
These appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 (the Act) by the third respondent/insurer and the claim petitioners respectively in O.P. (MV) No.129/2018 on the file of the Motor Accidents Claims Tribunal, Pala (the Tribunal), aggrieved by the Award dated 17/07/2019. In these appeals, the parties and the document
