Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 MACA NO. 904 OF 2014 [FROM THE AWARD DATED 27.07.2012 IN OP(MV) NO.1106/2009 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD] APPELLANTS/PETITIONERS: 1 THANKARAJAN, S/O MUTHU, AGED 50 YEARS,PILLAMYAMPALLAM VEEDU, THENARI PO., ELAPULLI, PALAKKAD DISTRICT. 2 RADHA, AGED 47 YEARS,W/O. THANKARAJAN, PILLAMYAMPALLAM VEEDU, THENARI P.O., ELAPULLI, PALAKKAD DISTRICT. 3 RAMIYA, AGED 24 YEARS,D/O.THANKARAJAN, PILLAMYAMPALLAM VEEDU, THENARI P.O., ELAPULLI, PALAKKAD DISTRICT. BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS/RESPONDENTS:
1 THE MANAGING PARTNER, SAKTHIMURUGAN TRANSPORTS, 680 651. 2 RAMESH, AGED 44 YEARS, S/O.RAJU, 531/1,NEHURU NAGAR, PULIYAMPATTI, SATHYA TALUK, ERODE DISTRICT, TAMIL NADU - 638 001. 3 UNITED INDIA INSURANCE COMPANY LIMITED PARK HOUSE BUILDING, 2ND FLOOR, ROUND NORTH, THRISSUR - 680 001. 4 MANIKANTAN, S/O.MARIYAPPAN, AGE NOT KNOWN,33/194, E.M.S NAGAR, THIRUNELLAYI, PALAKKAD - 678 001. 5 UNITED INDIA INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, 11/82, 3RD FLOOR, MALABAR FORT OFF, G.B.ROAD, PALAKKAD - 678 001. [RESPONDENTS 2 AND 4 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 24.7.2017 IN I.A.NO.2521/2017 IN M.A.C.A.NO.904/2014] ADV DEEPA GEORGE- R3 AND R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :
JUDGMENT
The appellants were the petitioners in OP(MV) No.1106/2009 on the files of the Motor Accidents Claims Tribunal, Palakkad.
2. The said claim petition was submitted by them under
Section 163A of the Motor Vehicles Act seeking compensation for the death of one Renjith, due to the injuries sustained in a motor accident that occurred on 28.05.2009. The accident occurred, when he was travelling as a pillion rider on a motorcycle, it collided with a bus bearing registration No.KL-9/AL/9799 driven by the 2 nd respondent. The 1st respondent was the owner of the bus and it was insured with the 3rd respondent. The 4 th respondent was the owner of the motorcycle and it was insured with the 5 th respondent. The said claim petition was tried along with OP(MV) No.1105/2009.
3. The evidence in this case consists of Exts.A1 to A22 from the side of the claimants and no evidence was adduced from the side of the respondents.
4. After the trial, an award was passed in favour of the appellants permitting them to recover an amount of Rs.2,92,500/- with interest at the rate of 7.5% per annum from the date of petition till realisation with a cost of Rs.1500/-. The said amount was directed to be deposited by the 3 rd and 5th respondents insurers. :3 : Seeking enhancement of compensation, this appeal is filed.
5. Heard Sri. Binoy Vasudevan, the learned counsel appearing for the appellants and Smt. Deepa George, the learned counsel appearing for the 3rd and 5th respondents.
6. The only question that arises for consideration is
whether any enhancement of compensation is warranted or not. Since this is a claim petition under Section 163A of the Motor Vehicles Act, the compensation has to be calculated strictly as per the second schedule of the Motor Vehicles Act which stood prior to the amendment of the Act in the year 2018. One of the crucial elements to determine the compensation is the monthly income. The accident occurred in the year 2009. As per the appellants, the deceased was getting a monthly income of Rs.100/- per day, from his avocation as a Peon. The tribunal took the monthly income as Rs.2000/- and calculated the compensation. Considering the fact that the accident occurred in the year 2009, I am of the view that, the monthly income of Rs.3,000/- is a reasonable figure. Accordingly, the said amount is accepted. When considering the amount shown in the second schedule for the persons coming within the age group of 20-25 years, the category to which the deceased belongs, it can be seen that the amount shown for such persons with a monthly income of Rs.3,000/- in the second schedule is
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Rs.6,48,000/-. One third of the said amount has to be deducted towards personal expenses for determining the actual compensation receivable by the appellants towards loss of dependency. Thus the said amount would come to Rs.4,32,000/-. In addition to that, an amount of Rs.2,000/- is to be granted for funeral expenses and a further sum of Rs.2,500/- is to be granted towards loss of estate as per clause 3 of Second schedule of the Motor Vehicles Act. Thus,
the total compensation is determined as Rs.4,36,500/-. As the amount already awarded by the tribunal is Rs.2,92,500/-, the appellants are entitled for a further compensation of Rs.1,44,000/-
7. In the result, this appeal is allowed. The award dated
27.07.2012 passed by the Motor Accident Claims Tribunal, Palakkad in OP(MV) No.1106/2009 is hereby modified by granting an additional compensation of Rs.1,44,000/- (Rupees One Lakh Fortyfour thousand only) and the said amount shall be deposited by the 3rd and the 5th respondents with interest at the rate as ordered by the tribunal and with proportionate costs within a period of three months from the date of receipt of a copy of this judgment. However it is clarified that, as the delay of 454 days in filing the appeal was condoned by this Court subject to the condition that the appellants shall not be entitled to interest for the enhanced compensation, if any, granted in the appeal, the 3 rd and 5th respondents shall be at
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liberty to exclude the said period while computing the interest on the additional compensation. It is further ordered that the claimants shall furnish the details of the PAN card, Aadhar card and bank details to enable the respondents to make the deposit as ordered above, within a period of two months from the date of receipt of a copy of this judgment. In case, they fail to furnish the said details, it shall be open for the insurance company to deposit the said amount before the tribunal.
Sd/- ZIYAD RAHMAN A.A. JUDGE ncd/