High Court of KeralaSingle JudgeAppeal allowed in part, with recalibrated compe...

The Oriental Insurance Company Limited v. Fabin (Minor) represented by Guardian George Chandananparambil (H) and others

Case / Petition Number:MACA No. 2455 of 2013 (A)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Harilal
Judgment Date
2018-02-07
Court Decision / Holding
This appeal is allowed in part. The Court recalibrates the quantum: funeral expenses reduced to Rs.15,000 and loss of consortium to Rs.40,000 in line with Pranay Sethi. The Tribunal’s heads for mental agony and loss of love/affection are maintained as distinct, granting compensation to dependants, including the minor. After deducting Rs.70,000 from the original total of Rs.29,91,300 (Rs.10,000 + Rs.60,000), the revised total becomes Rs.29,21,300. The appeal results in a partial relief to the respondents and maintains the overall compensation within the clarified framework.
Final Disposition
Appeal allowed in part, with recalibrated compensation as per Pranay Sethi framework.

Parties to the Case

Appellants / Petitioners

  • The Oriental Insurance Company Limited, Kottayam, represented by its Regional Manager, Ernakulam North, Kochi-18

Respondents

  • Fabin (Minor), represented by Grandfather Guardian George Chandananparambil (H), Thevarkad, Varapuzha; George s/o Joseph Chandananparambil (H), Thevarkad, Varapuzha; Mary w/o George Chandananparambil (H), Thevarkad, Varapuzha

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. George Cherian (Sr.)
  • • Smt. K.S. Santhi

Counsels for Respondents

  • • Sri. Reji George
  • • Smt. Anupama Johny

Case Synopsis & Summary

This is a Motor Accident Claims Appeal (MACA No. 2455 of 2013) filed before the Kerala High Court challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal, North Paravur, under Section 166 of the Motor Vehicles Act, 1988, in O.P.(MV) No. 794/2006 for the death of Jessy, a 31-year-old Higher Secondary School teacher, who died when struck by a car on 07.08.2006. The insurer, Oriental Insurance Co. Ltd., contends that the Tribunal’s compensation, including Rs.1,00,000 for mental agony and Rs.1,00,000 for loss of consortium, is excessive and inconsistent with precedents. The petitioners/claimants sought compensation for loss of dependency, love and affection, mental agony, security, funeral expenses, and loss of consortium. The High Court scrutinizes the quantum by comparing it with Supreme Court guidance, especially the Pranay Sethi framework, and considers the reliance on Rajesh v. Rajbir Singh. It endorses a recalibration of two heads—reducing funeral expenses to Rs.15,000 and loss of consortium to Rs.40,000—while recognizing that compensation for loss of love and affection and mental agony may be distinct and payable to dependants, including the minor. The Court clarifies that the Tribunal’s deduction for personal expenses should be weighed against established principles and that dependence and compensation to the dependants should reflect the Court’s evolving jurisprudence. Consequently, the appeal is allowed in part and the total payable compensation is adjusted to Rs.29,21,300 (Rs.29,91,300 minus Rs.70,000).

Provisions of Law Cited

Section 166 of the Motor Vehicles Act, 1988

Legal Doctrines & Maxims

  • Loss of love and affection and mental agony are distinct heads of compensation; funeral expenses and loss of consortium have been subject to re-determination in light of Pranay Sethi; Rajesh v. Rajbir Singh was overruled in the light of Pranay Sethi’s guidelines.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant insurer argues that the Tribunal erred in awarding substantial sums under heads such as mental agony and loss of consortium, and in applying the wrong deduction from income for personal expenses. It submits that Rajesh v. Rajbir Singh had set higher justified figures for funeral expenses and loss of consortium, which Pranay Sethi’s decision later reined in; thus, the quantum should be reduced to align with the Pranay Sethi framework, including Rs.15,000 for funeral expenses and Rs.40,000 for loss of consortium, and that the deduction for personal expenses should reflect the correct ratio.

Contentions of Respondents

The claimants contend that the Tribunal’s compensation is fair given the dependants’ loss following Jessy’s death. They rely on Rajesh v. Rajbir Singh to justify earlier higher amounts and contend that mental agony, love and affection, and security are distinct losses. They argue that the child’s loss of mother and the parents’ emotional affliction warrant continued recognition of multiple heads of compensation, and that the earlier award already considered dependants’ needs along with the statutory framework.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Rajesh v. Rajbir Singh2013(3) KLT 89OverruledPranay Sethi guidelines indicate that the Rajesh basis for funeral expenses and loss of consortium was excessive and subject to re-determination.
Pranay Sethi's case2017(5) KHC 350 (SC)PositiveGrounds the recalibration of funeral expenses and loss of consortium and supports distinct compensation heads.
National Insurance Company Limited v. Pranay Sethi and Others2017(5) KHC 350 (SC)PositiveCited as the decision underpinning the Pranay Sethi framework guiding quantum in motor-accident claims.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939 MACA.No. 2455 of 2013 AGAINST THE AWARD DATED 19-09-2013 IN O.P.(MV) NO.794/2006 OF THE MACT, NORTH PARAVUR APPELLANT/3RD RESPONDENT: ------------------------- THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADVS.SRI.GEORGE CHERIAN (SR.) SMT.K.S.SANTHI RESPONDENTS/CLAIMANTS: ---------------------- 1. FABIN (MINOR), S/O.BINNY, REPRESENTED BY GRAND FATHER APPOINTED AS GUARDIAN AND NEXT FRIEND, GEORGE CHANDANAPARAMBIL(H), THEVARKAD, VARAPUZHA, PIN:683 517. 2. GEORGE, S/O.JOSEPH, CHANDANAPARAMBIL(H), THEVARKAD, VARAPUZHA.PIN-683 517. 3. MARY, W/O.GEORGE, CHANDANAPARAMBIL(H), THEVARKAD, VARAPUZHA.PIN-683 517. R1-R3 BY ADVS. SRI.REJI GEORGE SMT.ANUPAMA JOHNY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST ## **K. HARILAL, J.** **= = = = = = = = = = = = = = = = =** **M.A.C.A.No.2455 of 2013(A)** **- - - - - - - - - - - - - - - - - - - - - -** _Dated this the 7[th] day of February, 2018_ ## **J U D G M E N T** The Oriental Insurance Company Limited, the 3[rd] respondent in O.P.(MV) No.794 of 2006, on the files of the Motor Accidents Claims Tribunal, _(hereinafter referred to as 'the Tribunal'),_ North Paravur, filed this appeal challenging the quantum of compensation determined under various heads in the impugned award passed by the said Tribunal. Parties are referred to as in the Original Petition. 2. The petitioners, who are the legal representatives of the deceased Jessy filed the above O.P.(MV) under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the loss suffered by them, by the death of the deceased. The petitioners claimed that they are the dependants of deceased 'Jessy' and 'Jessy' was a Higher **M.A.C.A.No. 2455 of 2013(A)** **-: 2 :-** Secondary School Teacher. At the time of her death, she was aged 31 years. On 07.08.2006, at about 3 pm, while Smt. Jessy was walking through the western side of Aluva-Ernakulam road, the offending car driven by the 2[nd] respondent in a rash and negligent manner hit her, causing very serious injuries to her. Though, immediately she was taken to the nearest hospital, she succumbed to the injuries on the very same day itself. Thus, the death of Jessy resulted from the accident arose out of the use of the offending vehicle owned by the 1[st] respondent, driven by the 2[nd] respondent and insured with the 3[rd] respondent. After considering the contentions raised by the 3[rd] respondent in the counter statement, the Tribunal passed the impugned award granting a compensation of Rs.29,91,300/- to the petitioners. This appeal is filed on the ground that the compensation granted under various heads of ## **M.A.C.A.No. 2455 of 2013(A)** ## **-: 3 :-** claim is exorbitant and unjust. 3. This appeal is filed on the following grounds: (1) Rs.1,00,000/- granted under the head compensation for 'mental agony', 'pain' etc. to the petitioners is legally unsustainable, where Rs.1,00,000/- was already given as compensation for 'loss of love and affection, companionship, guidance and security to the petitioners and another Rs.1,00,000/- was also given under the head compensation for 'loss of consortium' to the 1[st] petitioner. (2) The Tribunal went wrong by deducting ¼ of the income, instead of ½ for the personal expenses of the deceased. (3) The Tribunal again went wrong by granting Rs.25,000/for 'funeral expenses' and Rs.1,00,000/- for 'loss of consortium' to the 1[st] petitioner. (4) The quantum of compensation granted under the said head is exorbitant and unsustainable, in view of the guidelines issued by the Constitutional Bench of the Supreme Court in _**National Insurance Company Limited v. Pranay Sethi and Others**_ [2017(5) KHC 350 (SC)]. The **M.A.C.A.No. 2455 of 2013(A)** ## **-: 4 :-** learned counsel for the petitioner drew my attention to paragraph 54 of the said decision to fortify the said argument. 4. Per contra, the petitioners contended that the quantum of compensation granted under the aforesaid heads of claim is just and fair and there is no scope for interference in appeal. It is also contended that the said amount was granted, in view of the decision of the Hon'ble Supreme Court in _**Rajesh v. Rajbir Singh**_ [2013(3) KLT 89]. 5. In view of the rival pleas raised in this appeal, the first point to be considered is, can the Tribunal be justified in determining Rs.25,000/- and Rs.1,00,000/- the quantum of compensation under the heads 'funeral expenses' and 'loss of consortium' respectively? 6. As rightly pointed out by the learned counsel, going by paragraph 54 of the _**Pranay**_ ## **M.A.C.A.No. 2455 of 2013(A)** ## **-: 5 :-** _**Sethi** 's_ case (supra), it could be seen that the Supreme Court has considered the quantum of compensation granted under the heads 'funeral expenses' and 'loss of consortium' in _**Rajesh'** s_ case (supra) and found that the quantum of compensation determined under the said heads in _**Rajesh'** s_ case (supra) is exorbitant. Thereafter, in _**Pranay Sethi** 's_ case (supra) the Supreme Court redetermined the quantum of compensation for 'funeral expenses' at Rs.15,000/- and 'loss of consortium' at Rs.40,000/-. In view of the decision in _**Pranay Sethi** 's_ case (supra), this Court is inclined to reduce the quantum of compensation fixed for 'funeral expenses' to Rs.15,000/- and 'loss of consortium' to Rs.40,000/- and I do so. Thus, the petitioners are entitled to get Rs.15,000/- towards 'funeral expenses' and Rs.40,000/- under the head 'loss of consortium'. ## **M.A.C.A.No. 2455 of 2013(A)** ## **-: 6 :-** 7. The next point to be considered is, can the Tribunal be justified in granting compensation for 'mental agony', 'pain' etc. to the petitioners, when Rs.1,00,000/- was granted under the head compensation for 'loss of love, affection, companionship, guidance and security' to the petitioners and Rs.1,00,000/- was given to the 1[st] petitioner for 'loss of consortium'? 8. The 2[nd] petitioner is the minor son of the deceased Jessy and he was aged 05 years only at the time of accident. Certainly he is entitled to get compensation for 'loss of love and affection', 'mental agony' and 'pain' caused by the death of his mother under different heads. The absence of mother would haunt the little child at every moment, at least, till he attains majority. Petitioners 3 and 4 are the father and the mother aged 78 and 70 years respectively of the deceased Jessy. They are also **M.A.C.A.No. 2455 of 2013(A)** **-: 7 :-** entitled to be looked after with love, affection, proper care and medical aid by their daughter. But, she is no more. Their mental agony also requires consideration. This Court is of the view that compensation for 'loss of love and affection' and compensation for 'mental agony' are distinct and different, as the factors constituting entitlement of compensation are different, under the said heads of claim. So, they are also entitled to get compensation under heads 'loss of love and affection' and 'security', and 'mental agony' caused by the death of their daughter. Compensation for 'loss of consortium' is the amount that can be given to one spouse for the death of other spouse. It is the compensation for loss of company, society, comfort help and sexual relations with his or her mate. So, it cannot be equated with any other heads of claim under part II. Thus, the Tribunal is ## **M.A.C.A.No. 2455 of 2013(A)** ## **-: 8 :-** justified in granting compensation under the aforesaid three heads. 9. In the above analysis, the total amount to be deducted from the total compensation granted by the Tribunal is Rs.70,000/-(10,000 + 60,000). Thus, the total compensation payable to the petitioner is Rs.29,21,300/-(29,91,300 - 70,000) This appeal is allowed in part. Sd/- **K. HARILAL** **JUDGE** DST //True copy// P.A. To Judge