The Oriental Insurance Company ... vs The Oriental Insurance Company ...
2021 Latest Caselaw 11032 Ker

MACA.No.695 OF 2013

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                      MACA.No.695 OF 2013

  AGAINST THE AWARD IN OPMV 997/2005 DATED 20-12-2012 OF MOTOR
            ACCIDENT CLAIMS TRIBUNAL ,NEYYATTINKARA


APPELLANT/2ND RESPONDENT:

             THE ORIENTAL INSURANCE COMPANY LIMITED
             THODUPUZHA, NOW REPRESENTED BY ITS ASSISTANT
             MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18.

             BY ADVS.
             SRI.MATHEWS JACOB (SR.)
             SRI.P.JACOB MATHEW

RESPONDENTS/APPLICANTS:

      1      L. SAROJAM
             D/O.LEELAVATHY AMMA, KULANGARA HOUSE,
             KANCHIYOORKONAM, KATTAKKADA.P.O.,
             THIRUVANANTHAPURAM DISTRICT. PIN-695 320.

      2      D.AJITH KUMAR
             S/O.LATE DHAMODHARAN PILLAI, KULANGARA HOUSE,
             KANCHIYOORKONAM, KATTAKKADA.P.O.,
             THIRUVANANTHAPURAM DISTRICT. PIN-695 320.

      3      D.ANITH KUMAR
             S/O.LATE DHAMODHARAN PILLAI, KULANGARA HOUSE,
             KANCHIYOORKONAM, KATTAKKADA.P.O.,
             THIRUVANANTHAPURAM DISTRICT. PIN-695 320.
 MACA.No.695 OF 2013

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      4      S.SANDHYA RANI
             D/O.LATE DHAMODHARAN PILLAI, KULANGARA HOUSE,
             KANCHIYOORKONAM, KATTAKKADA.P.O.,
             THIRUVANANTHAPURAM DISTRICT. PIN-695 320.

             R1 BY ADV. SRI.K.P.BALAGOPAL
             R1 BY ADV. SRI.K.N.CHATHUKUTTY

OTHER PRESENT:

             SR.ADV.SRI.MATHEWS JACOB FOR APPELLANT

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 7.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA.No.695 OF 2013

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                      P.V.KUNHIKRISHNAN, J
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                      M.A.C.A.No. 695 of 2013
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                Dated this the 7th day of April, 2021


                             JUDGMENT

This is an appeal filed by the second respondent in O.P.(MV)

No. 997/05 on the file of the Motor Accidents Claims Tribunal,

Neyyattinkara. It is a claim petition filed by the respondents

under Section 166 of the Motor Vehicles Act. (Hereinafter, the

parties are mentioned in accordance to their rank before the

Tribunal).

2. The short facts are like this: One Damodaran Pillai

alias Damodaran Nair died in a motor vehicle accident. On

13.2.2005, Dhamodaran Pillai and one Bhaskaran Nair along

with other members of the Director Board of the Consumer

Protection and Guidance Society were travelling in a mini bus MACA.No.695 OF 2013

bearing registration No.KL-01-AC-1810 from Thiruvananthapuram

to Ernakulam. When they reached about 100 metres north to

Cherthala Railway Station, the offending tipper lorry bearing

registration No. KL-04-Q-7239 came from the opposite direction

driven by its driver in a rash and negligent manner hit on the

mini bus and due to the impact of the hit, both vehicles thrown to

the road upside down and all passengers sustained with serious

injuries and due to the fatal injuries sustained to Bhaskaran Nair

and Damodaran Pillai, they breathed their last on the spot itself.

3. The legal heirs of the Bhaskaran Nair and Damodaran

Pillai filed O.P.(MV) Nos.829/05 and 997/05. Both the claim

petitions were tried together by the Tribunal.

4. To substantiate the case, Exts.A1 to A18 were marked on

the side of the applicant and Exts.B1 to B3 were the exhibits

marked on the side of the respondents. After going through the

evidence and documents, the Tribunal awarded a total

compensation of Rs.5,97,500/- with interest at the rate of 9%

p.a. from the date of petition till realisation. Aggrieved by the

quantum of compensation awarded by the Tribunal, the second MACA.No.695 OF 2013

respondent Insurance company filed this appeal.

5. Heard the counsel for the applicants and the standing

counsel for the second respondent in O.P.(MV).997/05.

6. The counsel for the second respondent submitted that

the monthly income fixed by the Tribunal is without any evidence.

The counsel submitted that the deceased was a pensioner and

was getting an amount of Rs.4,500/-. The Tribunal without any

evidence added another amount of Rs.4,000/- more towards the

income received by the deceased from his business. The counsel

submitted that this increase is without any evidence.

I perused the impugned award. The claimants are the wife

and children, who are the legal heirs of the deceased. The

Tribunal awarded only an amount of Rs.30,000/- under the head

loss of consortium and loss of love and affection. The petitioners

are entitled more amount in that head in the light of the decision

of the Apex Court in Magma General Insurance Co.Ltd. v.

Nanu Ram Alias Chuhru Ram (2018 (18) SCC 130). It is

true that the monthly income fixed by the Tribunal is on a higher

side. But considering the amount awarded by the Tribunal on MACA.No.695 OF 2013

other heads, I think no interference is necessary on that ground

also. Considering the entire facts and circumstances of the case,

according to me, the amount awarded by the Tribunal is a just

and reasonable compensation. Therefore, there is nothing to

interfere with award. Accordingly, this appeal is dismissed.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

al/-