IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
MACA NO. 248 OF 2011
AGAINST THE AWARD IN OPMV 603/2008 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL, PALAKKAD
APPELLANTS/PETITIONERS:
1 VASU MELETHIL
AGED 60 YEARS
S/O.UNNAMAN, LAKSHMI NIVAS,
EDATHARA, PALAKKAD.
2 RAJANI VASU
AGED 52 YEARS
W/O.VASU MELETHIL, LAKSHMI NIVAS,
EDATHARA, PALAKKAD.
3 RAMYA VASU
24 YEARS, D/O.VASU MELETHIL,
LAKSHMI NIVAS,
EDATHARA, PALAKKAD.
BY ADV SRI.T.K.SANDEEP
RESPONDENTS/RESPONDENTS:
1 MANAGING PARTNER,
M/S.MAYILVAHANAM,
SHORNUR P.O., PALAKKAD-679 121.,
(OWNER OF BUS NO.K.L.9/M.4500).
2 SUKUMARAN
46 YEARS S/O.MADHAVAN
KANNANUR VEEDU, KUNDUPARAMBU,
PARLI P.O., PALAKKAD TALUK, PIN 678612.,
(RIDER OF BUS NO.K.L.9/M.4500).
3 THE NEW INDIA ASSURANCE CO.LTD.
JRJ COMPLEX, OTTAPPALAM-679 101,
(INSURER OF BUS NO.K.L.9/M.4500).
BY ADV SRI.GEORGE CHERIAN THIRUVALLA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 248 OF 2011
2
JUDGMENT
Dated this the 24th day of June, 2022 Appellants are the petitioners in O.P.(MV) No.603/2008 on the files of the Motor Accidents Claims Tribunal, Palakkad and they impugn award dated 30.07.2010 in the above case. Respondents herein are the respondents before the Tribunal.
2. Heard both sides.
3. The brief facts of the case are as follows:- The appellants approached the Tribunal and lodged claim petition under Section 166 of the MV Act on the allegation that one 'Vivek Vasu', who is the son of appellants 1 and 2 died in consequence of a motor accident occurred on 28.03.2008 while the above said 'Vivek Vasu' was travelling on a motor cycle at the time of the accident. According to the appellants, the motor cycle was hit down by the bus bearing registration MACA NO. 248 OF 2011 3 No.KL-9M/4500, driven by the second respondent in a rash and negligent manner. The total compensation of Rs. 8,27,000/- was claimed from respondents 1 to 3.
4. The third respondent-Insurance Company filed written statement by denying accident and negligence. The quantum of compensation challenged while admitting policy.
5. Exts.A1 to A15 marked on the side of the appellants and no evidence adduced on the side of the respondents when the Tribunal adjudicated the matter. After analysing the evidence, the Tribunal granted Rs.2,80,000/- along with interest at the rate of 7.5% per annum as compensation.
6. The main thrust of argument at the instance of the learned counsel for the appellants is fixation of monthly income in this matter. As could be borne out from the award, Rs.2,500/- is the monthly income fixed in this case. The specific case put up by the appellants MACA NO. 248 OF 2011 4 before the Tribunal was that the deceased was a second year B.Tech Engineering student of N.S.S.College of Engineering, Palakkad and therefore, the monthly income at the rate of Rs.2,500/- fixed by the Tribunal is on a lower side. Ext.A13 is a certificate dated 05.11.2009 issued by the Principal, N.S.S. College of Engineering, Palakkad, certifying that 'Vivek Vasu' was a student of the said college during 2006 -2008.
7. Having noticed the said fact, I am inclined to fix the monthly income of the deceased at Rs.8,000/- for fixing loss of dependency income. 40% addition also is entitled by the appellants, following the ratio in National Insurance Company Limited v. Pranay Sethi and Ors (2017 (4) KLT 662). Thus, the monthly income for the purpose of calculating 'loss of dependency' is fixed as Rs.11,200/- (8000 + 3200). In this case, the multiplier applied by the Tribunal is '17' though the multiplier in so far as the age group between 15-25 as per Sarla Verma (Smt) & Ors v. Delhi Transport Corporation & Anr. MACA NO. 248 OF 2011 5 [2010 (2) KLT 802 (SC)] is '18'. Therefore, multiplier is re-fixed at '18'. Accordingly, 'loss of dependency income' is re-calculated as under:-
11,200 x 12 x 18 x 1/2 = 12,09,600/-
Out of which, Rs.2,55,000/- was granted by the Tribunal. Thus, Rs.9,54,600/- (12,09,600 - 2,55,000) is granted as enhanced compensation under the head 'loss of dependency income'.
8. Apart from that, appellants 1 and 2, who are the parents of the deceased are entitled to get Rs.80,000/- under the head 'loss of consortium', following the ratio in Pranay Sethi's case (supra). The Tribunal granted Rs.2,000/- under the head 'funeral expenses'. Therefore, I am inclined to grant Rs.13,000/- more under the head 'funeral expenses'.
9. Similarly, Rs.15,000/- more is granted under the head 'loss of estate' following the ratio in Pranay Sethi's case (supra).
MACA NO. 248 OF 2011 6
10. It is pointed out by the learned Standing Counsel for the third respondent/Insurance Company that Rs.10,000/- granted under the head 'loss of love and affection' is liable to be reduced as per the ratio in United India Insurance Co.Ltd. v. Satinder Kaur @ Satwinder Kaur and Others [2020(3) KHC 760]. Thus, Rs.10,000/- is reduced on those heads.
11. Since the appellants claimed only Rs.10,00,000/-, the appellants are liable to pay court fee for the compensation granted in excess of Rs.10,00,000/-. Hence, the grant of enhanced compensation is subject to payment of court fee for additional sum of Rs.5,05,600/-.
In the result, this appeal stands allowed. It is held that the appellant is entitled to get Rs.13,32,600/- as compensation out of which Rs.2,80,000/- was granted by the Tribunal and the balance amount of Rs.10,52,600/- (Rupees ten lakh fifty two thousand and six hundred only) is granted as enhanced compensation with the same rate MACA NO. 248 OF 2011 7 of interest awarded by the Tribunal, excluding interest for a period of 34 days specifically excluded by this Court while allowing the delay petition-C.M.Application No.391/2011 as per order dated 23.03.2021, payable by the Insurance Company, from the date of petition till the date of deposit or realisation.
The Insurance Company is directed to deposit court fee for a sum of Rs.5,056/- in the name of the Motor Accidents Claims Tribunal being the additional court fee and the remaining amount in the name of the appellants in the proportion 2:2:1 within two months from today. On deposit, the appellants can release the same.
Sd/-
A. BADHARUDEEN JUDGE nkr