Kerala High Court
Suseelayamma vs United India Insurance Co on 5 March, 2021
M.A.C.A.No.3036/2014 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
MACA.No.3036 OF 2014
AGAINST THE AWARD IN OPMV 1318/2009 DATED 21-08-2012 OF I
ADDITIONAL DISTRICT COURT & ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL ,KOLLAM
APPELLANT/S:
1 SUSEELAYAMMA,
AGED 53 YEARS,
W/O.LATE BHASKARAN PILLAI, ALAMPALLIL VEEDU,
VARAVILA, CLAPPANA, KARUNAGAPPALLY.
2 RESMI,
AGED 27 YEARS,
D/O.LATE BHASKARAN PILLAI, ALAMPALLIL VEEDU,
VARAVILA, CLAPPANA, KARUNAGAPPALLY.
3 REMYA,
AGED 25 YEARS,
D/O.LATE BHASKARAN PILLAI, ALAMPALLIL VEEDU,
VARAVILA, CLAPPANA, KARUNAGAPPALLY.
BY ADVS.
SRI.K.SIJU
SMT.S.SEETHA
RESPONDENT/S:
UNITED INDIA INSURANCE CO.,
THALASSERY BRANCH, THALASSERY P.O.,
KANNUR DISTRICT-670 101.
R1 BY SRI.P.K.MANOJ KUMAR, SC,
NATIONAL INSURANCE CO. LTD.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.3036/2014 2
JUDGMENT
Dated this the 5th day of March, 2021
This appeal is filed by the claimants seeking enhancement
of compensation. The claim petition was filed seeking
compensation for the death of one Bhaskaran Pillai, who died
due to the injuries sustained in a motor accident occurred on
08.05.2006. According to the claimants, the deceased was aged
53 and was working as a technician in BSNL with a monthly
income of Rs.13,000/-. As compensation, they claimed an
amount of Rs.13,00,000/-. After the trial, the Tribunal passed an
award allowing a total compensation of Rs.9,35,500/- and the
respondent was directed to deposit the amount of Rs.9,35,500/-
along with interest at the rate of 7.5% per annum. This appeal is
filed being dissatisfied with the said compensation.
2. Heard the learned counsel for the appellant and the
learned counsel for the respondent.
3. The major head on which compensation granted by the
Tribunal was loss of dependency, which was Rs.8,80,000/-. The
learned counsel for the appellant pointed out that the future
prospects was not granted by the Tribunal while computing the
same. In response to the same, the counsel for the 3 rd
respondent pointed out that the deceased was aged 53 at the
time of accident and he was due to retire from the service of
BSNL at the age of 60. Therefore, taking the income of
Rs.10,000/- for the entire period of multiplier was not proper.
This Court is of the opinion that the appellants are entitled for
compensation to be calculated with 10% future prospects.
However, it is seen that the submission put forward by the
learned counsel for the respondent with regard to the necessity
to apply split multiplier is also correct. If that be so, the monthly
income of Rs.10,000/- with 10% future prospects can be taken
only for the remaining period of service, namely, 7 years. Thus
the compensation during the said period can be computed as
Rs.6,16,000/- [11000 (10000+10% of 10,000) x 12 x 7 x 2/3]. For
the purpose of computing the compensation for dependency,
during the post retirement period 50% of the monthly income
can be taken. Thus the compensation for the post retirement
period shall be Rs.1,76,000 [5500 x 12 x 4 x 2/3]. Thus the total
compensation under the head of loss of dependency shall be
Rs.7,92,000 [6,16,000 + 1,76,000]. The amount awarded by the
Tribunal under this head is Rs.8,80,000/-. Therefore, even with
addition towards future prospects, the amount of compensation
will be on lower side. However, as the insurer has not filed any
appeal, and also taking into account the totality of the facts and
circumstances in this case, this Court is of the view that no
interference is warranted under this head. Another head which
requires attention is funeral expenses. The Tribunal granted
only Rs.5,000/- under this head and going by the principles laid
down by the Hon'ble Supreme Court in National Insurance
Company Ltd. v. Pranay Sethi [(2017) 16 SCC 680], the said
amount has to be re-fixed as Rs.15,000/- and thus, the appellants
are entitled for a further sum of Rs.10,000/- under this head.
Towards loss of consortium and loss of love and affection,
Rs.15,000/- and Rs.25,000/- respectively are seen awarded by
the Tribunal. Going by the principles laid down in Magma
General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram
[(2018) 18 SCC 130] and National Insurance Company v.
Somwati [(2020) 9 SCC 644], the amount to be awarded under
the head of loss of consortium is Rs.40,000/- each to all the
appellants. Therefore, the amount to be awarded under this
head is fixed as Rs.1,20,000/- and from which Rs.40,000/-
awarded by the Tribunal under the head loss of consortium and
loss of love and affection have to be deducted. Thus the
additional compensation payable is Rs.80,000/-. The amount
awarded under the head loss of estate is Rs.5,000/-, which is re-
worked as Rs.15,000/-. Thus the additional amount receivable by
the appellants is Rs.10,000/-.
4. Thus the total compensation payable in addition to the
amount awarded by the Tribunal is fixed as Rs.1,00,000/-. The
respondent shall deposit the said amount along with interest at
the rate of 7.5%, from the date of petition till realization.
However, while computing interest, a period of 675 days can be
excluded, which was the extend of delay in filing the appeal.
5. The said amount shall be deposited within a period of
three months from the date of receipt of a copy of this judgment
in the ratio as apportioned by the Tribunal in the award.
Appeal allowed to the above extent.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG
