Kerala High Court
Bindu vs * M.K.Hamsa on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
MACA.No.3072 OF 2009
AGAINST THE AWARD IN OPMV 3221/2001 DATED 17-03-2008 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/S:
1 BINDU, AGED 32 YEARS
W/O.LAE SHAJI
2 SHABINB (MINOR) AGED 14 YEARS
D/O.LATE SHAJI, REPRESENTED BY HER MOTHER &, LEGAL
GUARDIAN BINDU.
3 BINSHA MINOR AGED 13 YEARS
D/O.LATE SHAJI,REPRESENTED BY HER MOTHER &, LEGAL GUARDIAN
BINDU.
4 ANDY DIED SO.LATE PANGODAN
5 SAROJINI W/O.ANDY (MOTHER OF LATE SHAJI)
RESIDING AT PILAKKATTU HOUSE,RAMANATTUKARA, KOZHIKODE
SUPPL.P/A6 SARADA, AGED 38 YEARS,, D/O.LATE ANDY,
SUPPL.A/A7,SHEEJA,AGED 31 YEARS, D/O.LAE ANDY.
BY ADVS.
SHRI.V.S.CHANDRASEKHARAN
SMT.LEKSHMI SWAMINATHAN
RESPONDENT/S:
1* M.K.HAMSA, NACHINGATHODI KIZHAKETTIL,
P.O.KODUMUNDA, PATTAMBI MALAPPURAM DISTRICT
*DELETED
FIRST RESPONDENT DELETED FORM THE PARTY ARRAY AT THE RISK
OF APPELLANT AS PER ORDER DATED 16.12.2013 IN IA
NO.3359/13 IN MACA 3072/2009
2 MANIKANDAN N.S.S/O.SANKARAN
MULLAKETHU VALAPPIL HOUSE, KUMBALANGAD, KANHIRAKKODE PO,
TRICHUR.
3 UNITED INDIA INSURANCE COMPANY LTD
ORISION COMPLEX, VADAKKANCHERRY ROAD, KUNNAMKULAM.
R1, R3 BY ADV. SMT.S.JAYASREE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A. No. 3072 of 2009 2
P.V.KUNHIKRISHNAN, J
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M.A.C.A. No. 3072 of 2009
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Dated this the 26th day of February, 2021
JUDGMENT
The claimants are the legal heirs of deceased Shaji who died
in a motor accident. They filed O.P.(M.V.) No. 3221/2001 before the
Principal Motor Accident Claims, Tribunal, Kozhikode claiming
compensation under Sec. 166 of the Motor Vehicles Act. The brief
facts are like this :
2. On 11.8.2001 at about 7.45 p.m., the deceased Shaji was
riding a motor cycle KL 11/E 8364 with pillion rider by name Babu.
At that time, one jeep bearing registration No.KL.5/5463 came and
hit the motor cycle and that the jeep went ahead and dashed
against a pedestrian. Shaji died and his legal heirs filed the above
claim petition claiming an amount of Rs. 6,00,000/- as
compensation. The above claim petition was considered along with
two other claim petitions. All the three cases were tried together. In
O.P.(M.V) No. 3221/2001, Exts.A1 to A6 were marked. On going
through the documentary evidence and other pleadings, the
Tribunal found that the legal heirs of the deceased Shaji, who are
the appellants in this appeal are entitled for an amount of
Rs.2,35,600/-. Aggrieved by the quantum of compensation, this
appeal is filed.
3. Heard learned counsel for the appellants and 3 rd
respondent.
4. The main contention of the appellants is that the
compensation for dependency is based on the monthly income of Rs.
1,600/- too low. The counsel submitted that in the light of
Ramachandrappa v. The Manager, Royal Sundaram Alliance
Insurance Company Limited [AIR 2011 SC 2951], the monthly
income of the deceased ought to have been fixed as Rs.3,000/- . The
counsel also submitted that the amount awarded to pain and
suffering is also too low. The counsel also submitted that the
amount awarded for consortium and funeral expense is also on the
lower side. The counsel also submitted that towards love and
affection, no amount is awarded. There are two children and the
deceased died at the age of 32 years.
5. I think there is some force in the argument of the
appellants. In the light of Ramachandrappa's case (supra), it will
be reasonable to fix the monthly income of the deceased as Rs.
3,000/- because the accident was in 2001. Similarly, towards pain
and sufferings, a further amount of R.5,000/- can be granted.
Towards consortium, another amount of Rs. 30,000/- can be
granted. Towards the funeral expense, only Rs.2000/- is allowed. I
think in the light of the decisions of this Court and the Apex Court,
the same can be increased and another amount of Rs. 13,000/- can
also be granted under that account. In this case, at the time when
deceased Shaji died, he had two minor children aged 5 and 6. I
think the appellants are entitled for compensation for an amount of
Rs. 40,000/- towards love and affection. The dependency
compensation is to be re-calculated based on the annual income
now fixed. Therefore, the enhanced amount the appellants are
entitled can be summarised like this :
Sl. Head Amount
No.
1 Compensation for Rs. 4,08,000/- (3000x12x17x2/3)
dependency
Amount already
awarded Rs.2,17,000/-
Enhanced amount Rs. 4,08,000-2,17,000 =
Rs. 1,91,000/-
2 Pain and sufferings Rs.5,000/-
3 Consortium Rs.30,000/-
4 Funeral expense Rs.13,000/-
5 Love and affection Rs.40,000/-
Total Rs.2,79,000/-
6. The appellants are entitled for enhanced compensation
amount of Rs.2,79,000/-. They are also entitled for interest at the
rate of 7.5% per annum from the date of application for the said
amount .
Therefore, this appeal is allowed in part. The impugned award
is modified to the extent that the appellants are entitled for the
enhanced compensation of Rs.2,79,000/- with interest at the rate of
7.5% per annum from the date of application.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
