The court awards an additional Rs. 1.18 lakh to the appellants, revising the tribunal's order to exclude duplication in compensation.
In a significant judgment, the Kerala High Court has enhanced the compensation awarded to the appellants in the motor accident claim case of Thomas Poulose and others versus Albin Mathew @ Anto and another. The court, presided over by Justice Shoba Annamma Eapen, revised the original compensation amount granted by the Additional Motor Accidents Claims Tribunal-III, Pathanamthitta, from Rs. 13,49,757 to Rs. 14,68,357.
The case stemmed from a tragic accident on July 18, 2017, where a motorcycle, driven rashly by the first respondent, struck the deceased, resulting in fatal injuries. The appellants, dissatisfied with the tribunal's compensation, sought a revision, arguing for enhanced amounts under various heads, particularly focusing on the loss of consortium.
Justice Eapen, after reviewing the evidence and arguments, granted an additional Rs. 1,18,600 under the head "Loss of Consortium," aligning with the Supreme Court's directives in the case of National Insurance Co. Ltd. v. Pranay Sethi. The court emphasized the need to avoid duplicative compensation, thereby deleting the Rs. 60,000 initially awarded for "Loss of Love and Affection," in line with the Supreme Court's judgment in New India Assurance Company v. Somwati and others.
The judgment highlights the court's commitment to ensuring fair compensation while adhering to legal precedents set by higher courts. The revised compensation includes interest at 8% per annum, payable by the insurer, with instructions for the timely deposit and disbursement of funds to the claimants.
Bottom line:-
Motor Accident Claim - Enhancement of compensation granted under the head "Loss of Consortium," but deletion of compensation under "Loss of Love and Affection" to avoid duplication.
Statutory provision(s): Motor Vehicles Act, National Insurance Co. Ltd. v. Pranay Sethi [2017(4) KLT 662(SC)], New India Assurance Company v. Somwati and others [2020 (5) KLT OnLine 1198 (SC)], Sunita v. Vinod Singh [2025 (2) KHC 635].
Thomas Poulose v. Albin Mathew @ Anto, (Kerala) : Law Finder Doc id # 2920602
