Kerala High Court
The New India Assurance Company ... vs Roshana on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
MACA.No.1598 OF 2012(B)
AGAINST THE AWARD IN OP(MV)NO.1452/2008 DATED 17-01-2012 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM
APPELLANT:
THE NEW INDIA ASSURANCE COMPANY LTD.
KOTTAYAM, REPRESENTED BY ITS MANAGER,
REGIONAL OFFICE, KADAMKULATHY TOWERS,
M.G.ROAD, ERNAKULAM.
BY ADV. SRI.LAL GEORGE
RESPONDENTS:
1 ROSHANA
W/O.LATE NOUSHAD,
KALAYILPARAMBIL (H),
ARAYANKAVU,
KULAYATTIKARA P.O.,
ERNAKULAM - 682 315.
2 FATHIMA NOUSHAD (MINOR)
D/O.LATE NOUSHAD,
REP.BY HER GUARDIAN AND MOTHER,
KALAYILPARAMBIL (H),
ARAYANKAVU,
KULAYATTIKARA P.O.,
ERNAKULAM - 682 315.
3 ZAINABA
W/O.ABDUL KHADER,
KALAYILPARAMBIL (H),
ARAYANKAVU,
KULAYATTIKARA P.O.,
ERNAKULAM - 682 315.
4 ZEENATH
W/O.AHAMMEDKUTTY,
KALAYILPARAMBIL (H),
ARAYANKAVU,
KULAYATTIKARA P.O.,
ERNAKULAM - 682 315.
MACA.No.1598 OF 2012(B)
2
5 JOSEPH CHACKO
S/O.CHACKO, THOTTICHIRAYIL,
KUMARAKOM P.O.,
KOTTAYAM - 686 563.
6 RAJESH
S/O.PARAMESWARAN PILLAI,
KEEZHUVALLOMKANDATHIL,
MEENACHIL P.O., PALA - 686 589.
R1 BY ADV. SRI.JINU JOSEPH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA.No.1598 OF 2012(B)
3
T.R.RAVI, J.
=======================
MACA NO.1598 OF 2012
=======================
Dated this the 11th day of February, 2021
JUDGMENT
The appeal has been filed by the Insurance Company
challenging an award dated 17.01.2012 passed in
OP(MV)No.1452 of 2008 by the Motor Accidents Claims
Tribunal, Kottayam.
2. Heard Shri.Lal George, learned counsel for the appellant
and Shri. Jinu Joseph learned counsel for the respondents. The
respondents are the legal representatives of one K.A.Noushad,
who died in a motor vehicle accident which took place on
02.11.2007. At the time of his death, Shri.M.A Noushad was 37
years old and it was claimed that he was earning Rs.300/- per
day as income, being a helper in KRC Parcel Service Company.
The Tribunal proceeded to pass an order treating Rs.7,800/- as
the monthly income of the deceased Noushad. Out of the income,
the Tribunal reduced 1/4th towards personal expenses by
including the married sister of the deceased also as a dependant.
The main contention raised in this appeal is that the total income
MACA.No.1598 OF 2012(B)
fixed as Rs. 7,800/- was without any supporting materials and
that instead of 1/4th, 1/3rd should have been deducted towards
personal expenses, since the married sister cannot be included as
a dependant. I find considerable force in the second contention
raised by the appellant. Regarding the income of the deceased,
as per the certificate issued by the employer, monthly income is
shown as Rs.9,000/-. While the Manager was examined as PW1,
he has stated that the deceased was paid Rs.3,00/- as daily
wages. It is in the above circumstances, the Tribunal has found
that the monthly income of the deceased was Rs. 7,800/- , which
accounted for 26 days wages. I do not find any illegality in the
above said finding of the Tribunal.
In the above circumstances, the appeal is partly allowed.
The expenses will be increased by 1/3rd instead of 1/4th and the
monthly income will be retained as Rs.7,800/-. The decree of the
Tribunal is stand modified to that extent. As a result, the amount
awarded in table shown in paragraph 13 of the awarded of the
Tribunal towards loss of dependency will be modified as
Rs.9,36,000/- in the place of 10,53,000/- . The respondents have
already paid 1/4th of the compensation which was awarded by
the Tribunal. The appellant will take steps to immediately pay
MACA.No.1598 OF 2012(B)
the balance amount due to the respondents as per this modified
judgment within a period of two months from the date of receipt
of a certified copy of this judgment. Such amounts will be
transferred to the claimants in accordance with the circular
No.3/2019 dated 06.09.2019 issued by this court.
Sd/-
T.R.RAVI
JUDGE
Sn
//TRUE COPY// PA TO JUDGE
