Kerala High Court
Jayalakshmi vs Muhammedrafi on 18 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
MACA.No.1759 OF 2012
AGAINST THE AWARD IN OPMV 978/2010 DATED 15-06-2012 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL TIRUR
APPELLANTS/PETITIONERS.:
1 JAYALAKSHMI
W/O.LATE SURENDRAN,ADIKOOTTIL
HOUSE,P.O.THIRUVENKIDAM,GURUVAYOOR,THRISSUR.
2 KRISHNENDHU, (MINOR)
D/O.LATE SURENDRAN -DO- REPRESENTED BY MOTHER
JAYALAKSHMI.
3 KRISHNAJITH MINOR
S/O.LATE SURENDRAN -DO- REPRESENTED BY HIS MOTHER
JAYALAKSHMI.
BY ADVS.
SRI.SHEJI P.ABRAHAM
SRI.O.K.MURALEEDHARAN
SRI.P.JACOB MATHEW
RESPONDENTS/RESPONDENTS:
1 MUHAMMEDRAFI,
S/O.HASSAN.K,KALLAYIL
HOUSE,AYROOR.P.O,PERUMPADAPPU,MALAPPURAM(DRIVER).
PIN-686012.
2 RAKEEB
S/O.AHAMMED MEERAN,PANANGATTAYIL HOUSE,PALAPETTY
P.O., PALAPETTY, MALAPPURAM(OWNER).
PIN- 682012
3 THE ORIENTAL INSURANCE COMPANY LIMITED
KINGWAY BUILDING,IST FLOOR,MAVOOR ROAD
JUNCTION,CALICUT.
PIN-685001
MACA.No.1759 OF 2012
2
R1 BY ADV. SRI.MATHEWS JACOB SR.
R1-2 BY ADV. SRI.T.A.SHAIN
R3 BY ADV. SRI.MATHEWS JACOB (SR.)
OTHER PRESENT:
SRI.P.JACOB MATHEW FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA.No.1759 OF 2012
3
P.V.KUNHIKRISHNAN, J
--------------------------------
M.A.C.A.No.1759 of 2012
-------------------------------
Dated this the 18th day of March, 2021
JUDGMENT
The appellants are the claimants in O.P.(MV) No.978/2010
on the file of the Motor Accidents Claims Tribunal, Tirur. The
appellants are the legal heirs of the deceased Surendran who
died in a motorcycle accident. (Hereinafter the parties are
referred in accordance to their rank before the Tribunal).
2. The above claim petition was disposed of along with
O.P.(MV) No.977/2010. On 8.9.2010 at about 2.30 p.m., the
husband of the first petitioner and the father of petitioner Nos.2
and 3 in O.P.(MV) No.978/2010, namely Surenderan was riding a
motor cycle bearing registration No.KL 46D/2403 through
Ponnani-Chavakkad public road. The petitioner in O.P.(MV)
No.977/2010 was the pillion rider in that motorcycle. When they
MACA.No.1759 OF 2012
reached at the place Dubaipadi, an ACE goods vehicle bearing
registration No. KL-54A/ 6773 driven by the first respondent
came from the opposite side and hit against the motorcycle
driven by Surendran. As a result Surendran and the pillion rider
were thrown on the road. Both of them sustained grievious
injuries. Even though Surenderan was taken to Aswini hospital,
Trichur, he succumbed to the injuries on the same day. According
to the petitioners, the accident occurred due to the rash and
negligent driving of the first respondent who was driving the
goods vehicle bearing registration No. KL54A/ 6773. The
petitioners claim an amount of Rs.25,50,000/-.
3. To substantiate the case, Exts.A1 to A21 were marked.
No oral evidence was adduced by the petitioners. After going
through the evidence and documents, the Tribunal awarded a
total compensation of Rs.9,27,000/- with interest at the rate of
7.5% p.a from the date of petition till realisation. The third
respondent is directed to pay the award amount. Aggrieved by
the quantum of compensation, this appeal is filed.
MACA.No.1759 OF 2012
4. Heard the counsel for the appellant and the standing
ccounsel for the third respondent.
5. The first submission of the counsel is that the
appellant was getting an amount of Rs.12,377/- as salary as a
mahout at Guruvayoor Devaswom. The Tribunal fixed the
monthly income as Rs.5,000/-. Ext.A12 is the salary certificate
produced by the claimants before the Tribunal. The Tribunal
observed that Ext.A12 is not proved in accordance to law by
examining an authorised person from the Guruvayoor Devaswom.
Therefore, the monthly income of the deceased is fixed as
Rs.7,500/-. The monthly income claimed by the petitioner in the
claim petition is Rs.10,000/- per month. There is nothing to
disbelieve Ext.A12 certificate issued by the Guruvayoor
Devaswom Managing Committee. It is signed by Deputy
Administrator (Finance) of the Guruvayoor Devaswom.
Guruvayoor Devaswom is a statutory body. There is no serious
opposition from the respondents against Ext.A12 salary
certificate produced before the Tribual also. Therefore, according
to me what is claimed by the petitioners in the claim petition can
MACA.No.1759 OF 2012
be accepted as the monthly income of the deceased. In the
claim petition, the claim of the petitioners is that the deceased
was getting Rs.10,000/- per month. Therefore, this Court can
safely accept the case of the pettitioners. In the light of the
decision of the Apex Court in National Insurance Company
Ltd. V. Pranay Sethi (2017 (4) KLT 662 (SC), towards future
prospects, 50% is to be added because the deceased was a
permanent employee of Guruvayur Devaswom Board. If that is
the case, the monthly income of the deceased can be fixed as
Rs.15,000/-. Then the dependeny compensation can be re-
assessed in the following manner:
Rs.15,000/-x12x15x2/3=Rs.18,00,000/-.
6. The amount already granted by the Tribunal is
Rs.9,00,000/- which is to be deducted from the above amount.
Therefore, the enhanced amount entilted by the appellants
towards dependency compensation is Rs.9,00,000/-. Towards
funeral expenses, no amount is granted by the Tribunal. The
appellants are entitled an amount of Rs.15,000/- in that head.
MACA.No.1759 OF 2012
No bye-stander's expenses was allowed by the Tribunal.
Admittedly, the deceased was in the hospital for 13 days. The
appellants are entitled bye-stander's expenses for a period of 13
days at the rate of Rs.200/- per day. Then that amount will be
Rs.2,600/-. Towards loss of consortium to the wife only
Rs.10,000/- is allowed by the Tribunal. The first appellant is
entitled another amount of Rs.30,000/- on that head. The
appellants 2 and 3 are minor children of the deceased.
Therefore, they are entitled compensation for loss of parental
consortium at the rate of Rs.40,000/- each in the light of the
decsion of the Apex Court in Magma General Insurance
Company Ltd. v. Nanu Ram @ Chuhru Ram & Ors.
(2018(18) SCC 130). The Tribunal already granted an amount
of Rs. 10,000/- under the head love and affection, which is to be
deducted and the balance amount entitled by the second and
third appellants is Rs.70,000/-. An amount of Rs.15,000/- is
entitled by the appellants for loss of estate. Therfore, the
enhanced compensation amount can be summarised like this:
1. Loss of dependency compensation -Rs.9,00,000/-
MACA.No.1759 OF 2012
2. Loss of estate - Rs.15,000/-
3. Parental consortium - Rs.70,000
4. spouce consortium - Rs.30,000
5. Bye-stander's expenses - Rs. 2,600
6. Funeral expenses - Rs.15,000
7. Total - Rs.10,32,600
The appellants are entitled interest at the rate of 7.5% per
annum from date of application till realisation. Therefore, this
appeal is allowed in part. The appellants are entitled enhanced
compensation of Rs. 10,32,600/- with interest at the rate of
7.5% per annum from the date of petition till realisation. The
third respondent is directed to pay the enhanced compnesation
with interest.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
Al/-
