This appeal has been filed by the third respondent insurer in OP(MV) No.1825 of 2015 on the file of the Motor Accidents Claims Tribunal, Ernakulam, challenging the quantum of compensation awarded to the claimants. The respondent 1 herein is the claimant and respondents 2 & 3 herein were the respondents 1 & 2 before the tribunal.

2. The case of the claimants was that on 10.06.2015 at 1.30 p.m, while the deceased was crossing NH47 through the zebra crossing at Vyttila from east to west she was dashed down by the offending car bearing Reg.No.KL-7 BQ 2999 driven by the second respondent at high speed in a rash and negligent manner, hit against her, whereby she sustained fatal injuries and succumbed to the injuries on 12.06.2015. The claimant, being the legal heir of the deceased, approached the tribunal claiming a total compensation of ₹11,00,000/-.

3. The first and second respondents, owner and the driver of the offending vehicle respectively M.A.C.A No.1319 of 2018 2025:KER:62224 4 filed a joint written statement, contending that there is a valid insurance policy on the offending vehicle with the third respondent, insurer and denying the negligence of the 2nd respondent. The third respondent, insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A13 and Exts.B1 to B5 were marked. The tribunal, after analyzing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of ₹8,01,900/- as compensation under different heads with interest @ 9% per annum from the date of petition till realization against the third respondent being the insurer. The respondent insurer has come up in appeal, alleging that the quantum of compensation awarded by the tribunal is excessive.

4. Heard the learned Standing Counsel for the appellant/respondent insurer and the learned counsel for the claimant.

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5. The learned standing counsel for the insurer challenged the award under the following heads:

Loss of estate - The learned Government Pleader submitted that towards loss of estate, the claimant was entitled only for an amount of ₹15,000/-. It is M.A.C.A No.1319 of 2018 2025:KER:62224 7 seen that the tribunal has awarded an amount of ₹40,000/- towards loss of estate. Following the judgment in Pranay Sethi (supra), I find that the claimant is entitled only for ₹15,000/-. Thus, there will be a deduction of ₹25,000/- under the afore head.

7.Loss of consortium - The tribunal awarded an amount of ₹1,25,000/- towards loss of consortium. The husband was the only legal heir of the deceased and he was entitled only for an amount of ₹40,000/- following the judgment in Pranay Sethi (supra). Accordingly, there will be a deduction of ₹85,000/- under the afore head.

8. Thus, the impugned award of the tribunal is modified as follows:-

SHOBA ANNAMMA EAPEN JUDGE AKH