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. 2473 OF 2016 AGAINST THE AWARD DATED 12-1-2016 IN OPMV 643/2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. APPELLANTS/PETITIONERS :
1 SUDHA, AGED 40, W/O. LATE MAHEENDRAN @ INDRAN, THAIKARANVELI HOUSE, AROOR P.O., CHERTHALA. 2 JOYTHI, AGED 17, D/O. LATE MAHEENDRAN @ INDRAN, 3 REVATHY, AGED 15, D/O. LATE MAHEENDRAN @ INDRAN, 4 INDRAJA, AGED 10, D/O. LATE MAHEENDRAN @ INDRAN, 5 LAKESHMIKUTTY AMMA, AGED 65 YEARS, M/O. LATE MAHEENDRAN @ INDRAN, THAIKARANVELI, AROOR P.O., CHERTHALA., BY ADVS.SRI.MATHEWS K.PHILIP & SMT.MINISHA K DAS
RESPONDENTS/RESPONENTS :
1 SHANITH, S/O. SANKARAN, 9/133, KOOTHALA HOUSE, ANTHIKKAD P.O., MANGATTUKARA, THRISSUR- 680 641. 2 THULASIDAS, S/O. SUBRAMANIAN, PANDARUPARAMBIL HOUSE, KONATHUNNU P.O., THEKKUMKARA VILLAGE, THRISSUR PIN- 680 123. 3 THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., 41/339, AZAD TOWER, AMMANKOVIL CROSS ROAD, ERNAKULAM PIN- 682016. 4 THE DIVISIONAL MANAGER, M/S NATIONAL INSURANCE COMPANY LIMITED, MYDHILY MANDIRAM, JANATHA JUNCTION, PALARIVATTOM-25. BY ADVS. R3 & R4 BY SRI.MATHEWS JACOB SR. & SRI.P.JACOB MATHEW.
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 appeal is for enhancement of compensation. The deceased was aged 42 years and the motor vehicle accident occurred in the year 2012.
2. The Tribunal has accepted the evidence of PW1, who
said that he used to pay daily wages of Rs.500/- to the deceased, who was a construction worker. The Tribunal accepted the evidence but reduced the income to 15 days and adopted Rs.7,500/- as the notional income. 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.8,500/- in the year 2012 when the accident occurred. In such circumstances, this Court fixes the notional income of the appellant at Rs.10,500/-, considering that he is a construction worker.
3. As far as loss of consortium is concerned, the mother,
wife and three minor children have approached this Court. The - 3 - reduction for personal expenses shall be only 1/4th. As far as loss of consortium, each is entitled to Rs.40,000/- each. The Tribunal has granted compensation for love and affection at Rs.1,80,000/- and loss of consortium at Rs.1,00,000/-. Both these heads cannot be allowed together. In the said circumstance, the loss of consortium is fixed at Rs.2 Lakhs and the compensation for love and affection is deleted completely.
4. The amounts granted under the heads of Loss of Estate
and Funeral expenses will also stand reduced to Rs.15,000/. As far as Future prospects are concerned, the Tribunal did not adopt any percentage. Considering the fact that the appellant has crossed 40 years, was not in a permanent employment and is 42 years of age, the percentage applicable is 25%. 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 Transport to hospital 6000 6000 and back to home 2 Funeral expenses 25000 15000
3 Compensation for loss 945000 10500 x 125% x 12 x 14 x
of dependency ¾ = 1653750
4 Compensation for loss 25000 15000of estate - 4 - 5 Compensation for pain 0 0 and sufferings 6 Compensation for 0 0 medical expenses 7 Compensation for love 180000 200000 and affection 8 Compensation for loss 100000 of consortium 9 Compensation for 0 0 loss of expectation of life Total 1281000 1889750 Amount enhanced : Rs.18,89,750/- - Rs.12,81,000/- = Rs.6,08,750/-
4. 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 - 5 - 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