Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN SATURDAY, THE 26TH DAY OF FEBRUARY 2022 / 7TH PHALGUNA, 1943 MACA NO. 672 OF 2017 AGAINST THE AWARD DATED 3-3-2016 IN OPMV 1018/2012 OF ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL - I, ALAPPUZHA. APPELLANTS/PETITIONERS 1, 2 & 4 : 1 REETHAMMA, MUNDACKAL VEEDU,MUTTAR P.O. ALAPPUZHA. 2 VARGHESE, MUNDACKAL VEEDU, MUTTAR P.O. ALAPPUZHA. 3 CHINCHU MARIA GEORGE, MUNDACKAL VEEDU, MUTTAR P.O. ALAPPUZHA. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.P.J.JOE PAUL SRI.MANU SEBASTIAN RESPONDENTS/RESPONDENTS & 3RD PETITIONER : 1 KRISHNAKUMAR @ KUNJU, KUNNEL VEEDU, PALLIPPURAM, CHERTHALA- 688 541. 2 GOPAKUMAR, KUNNEVELI, PALLIPPURAM, CHERTHALA- 689 541. 3 SHRIRAM GENERAL INSURANCE CO. LTD E-8, EPIP RICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN- 302 001. 4 REEJAMOL, MUNDACKAL VEEDU, MUTTAR P.O. ALAPPUZHA- 689 574. BY ADVS. R3 BY SRI.P.JACOB MATHEW SRI.MATHEWS JACOB SR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - 2 - K.VINOD CHANDRAN, J ------------------------------------------------ -------------------------------------------------- Dated this the 26th day of February, 2022
JUDGMENT
The appellants are the dependents of a 25 year old Computer Operator, who had permanent employment and a resident card in the Middle East. The appellants produced his educational qualifications as per Exts.A7 to A9. His passport was marked as Ext.A10. Exts.A11 and A12 are the salary certificates, which reveals an income of Rs.35,000/- per month. Ext.A14 is the resident card cum driving license.
2. The Tribunal adopted Rs.6,000/- as notional income and future prospects at 50% and the multiplier of 17. The learned counsel claims enhancement on all these counts.
3. The learned Standing Counsel for the Insurance
Company pointed out that the deceased had passed 25 years and hence the multiplier adopted by the Tribunal is correct and there is no scope for granting 50% future prospect since the employment cannot be said to be a permanent one. It is also pointed out that there is excessive compensation under the heads of funeral expense and love and affection, which has to be reduced.
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4. Going by Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC 236, the notional income of a coolie is fixed at Rs.8,000/- in the year 2012 when the accident occurred. In the present case, there is ample proof for the employment of the deceased, that too abroad in the Middle East, where he has a resident card cum
driving license. The salary certificate shows an income of Rs.35,000/-.Considering the salary certificate and the income generated from abroad, the notional income is fixed at Rs.20,000/- per month. As far as the future prospects are concerned, the Hon'ble Supreme Court in National Insurance Co. Ltd vs Pranay Sethi and Others ((2017) 16 SCC 680) and Sarla Verma (Smt) v. Delhi Transport Corporation ((2009) 6 SCC
121), has fixed future prospects at 50% for permanent employment. It cannot be equated necessarily to Government employment. There is also no appeal by the Insurance Company.
5. Considering the fact that the deceased was employed
abroad and had the qualifications for such employment, he has to be deemed to have been in permanent employment and future prospects have to be adopted at 150%. As far as the claim of age, the learned counsel for the appellants points out that his date of - 4 - birth as revealed from Exts.A7 and A14 is 27-04-1987, the accident was just two months past his 25 th birthday. The multiplier of 17 is for persons between 26 to 30 and hence the multiplier to be adopted in this case is 18.
6. The funeral expenses will be reduced by Rs.10,000/-
and loss of consortium can only be to the parents, which will be Rs.80,000/-. In the wake of the grant of loss of consortium, there can be no compensation for love and affection, which stands deleted. For loss of estate, an amount of Rs.15,000/- is granted. Enhancement is made as per the tabulation below:
Head of Claim Amount awarded Total amount after Sl. by the Tribunal enhancement in appeal No. Rs Rs 1 Transportation 3000 3000 2 Funeral expenses 25000 15000 3 Extra nourishment - - 4 Love and affection 100000 Deleted 5 Loss of estate - 15000 6 Bystanders expense - - 7 Medical bills - - 8 Damage to cloths - - 9 Pain and sufferings 10000 10000 10 Loss of dependency 918000 20000 x 150% x 12 x 18 x 11 Loss of consortium - 80000 12 Ambulance charge - - 13 Misc.expenses - - Total 1056000 3363000 - 5 - Amount enhanced : Rs. 33,63,000/- - Rs.10,56,000/- =Rs.23,07,000/-
5. The Insurance Company shall pay interest for the amounts
awarded by the Tribunal at the rate directed in the impugned award and for the enhanced amounts at the rate of 5% from the date of petition. If any amounts have already been paid, the same shall be granted set off. The claimant(s) shall produce the details of the Bank account before the Insurance Company/Tribunal within one month from the date of receipt of a certified copy of this
judgment and amount shall be transferred to the Bank account
directly through NEFT/RTGS mode within a period of one month thereafter. If the Bank account is not given within the time stipulated, it is made clear that no interest shall run on the enhanced amount after the period stipulated by this Court. However, if the Insurance Company fails to deposit the amount as directed, interest on the enhanced amount shall also run at the rate ordered by the Tribunal from the date of petition.
The appeal is allowed to the above extent. Sd/- K.VINOD CHANDRAN JUDGE amk