Kerala High Court
Sheeja vs United India Insurance Co Ltd on 3 November, 2021
M.A.C.A.No.2239 of 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
MACA NO. 2239 OF 2015
AGAINST THE AWARD IN OPMV 479/2010 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL PALA, KOTTAYAM
APPELLANT/PETITIONERS:
1 SHEEJA
NEDUMPARACKAL HOUSE, KAKKOR KARA,
THIRUMARADI VILLAGE, KOTTAYAM DISTRICT.
2 KRISHNENDHU (MINOR) (27.05.2002),
S/O.LATE RAVI, REP. BY MOTHER AND NEXT FRIEND,
SHEEJA, W/O.LATE RAVI, NEDUMPARACKAL HOUSE,
KAKKOR KARA, THIRUMARADI VILLAGE,
KOTTAYAM DISTRICT.
3 THANKAMMA W/O.KRISHNAN
NEDUMPARACKAL HOUSE
KAKKOOR KARA, THIRUMARADI VILLAGE,
KOTTAYAM DISTRICT.
BY ADV SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
RESPONDENT/3RD RESPONDENT:
UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY ITS BRANCH MANAGER,
DAIVASAHAYAM BUILDING, PONKUNNAM,
KOTTAYAM DISTRICT 686 506.
BY ADVS.
SRI.M.A.GEORGE
SRI.PMM.NAJEEB KHAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 05.10.2021, THE COURT ON 03.11.2021
DELIVERED THE FOLLOWING:
M.A.C.A.No.2239 of 2015 2
T.R. RAVI, J.
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M.A.C.A.No.2239 of 2015
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Dated this the 3rd day of November, 2021
JUDGMENT
The appellants are the legal representatives of late Ravi who
died in a motor accident. On 26.1.2010, when the deceased was
standing in front of Matha Hospital at Thellakom, he was hit by a car
which was driven in a rash and negligent manner. He was admitted
in the Matha Hospital. He was taken to the Medical College Hospital,
Kolenchery on 29.1.2010, and on the same day he succumbed to
the injuries. The appellants preferred a claim petition. The Tribunal
awarded a compensation of Rs.14,92,650/-. Aggrieved by the
award, the appellants have filed this appeal seeking enhancement of
the compensation.
2. The counsel for the appellants contended that the
Tribunal went wrong in fixing the notional income of the deceased at
Rs.9,000/- per month and adding 30% towards future prospects, for
the purpose of arriving at the compensation towards loss of
dependency. The Counsel points out that Rs.15,000/- was claimed
to be the monthly income in the claim petition and the wife of the
deceased has given evidence as PW1 and stated that the deceased
was earning Rs.15,000/- per month. PW2 and PW3 who were
examined were working as Secretaries of the Piravom Range Chethu
Thozhilali Union in whose toddy shop, the deceased was attached to
at the time of the accident. Exhibit A8 is the Certificate issued by
the employer stating that the deceased was earning Rs.1,37,786/-
per year at the time of his death. Even though PW1 to PW3 were
cross-examined at length, nothing has been brought out to discredit
their evidence. I find that there is no reason to fix a notional income
when sufficient evidence was available regarding the income that
was being earned by the deceased. I am hence of the opinion that
the appellants are entitled to enhancement of the compensation
awarded under the head loss of dependency. Adding 25% future
prospects to the annual income of Rs.1,37,786/-, the yearly income
to be reckoned will be Rs.1,72,233/-. After deducting 1/3 rd towards
personal expenses and applying the multiplier of 14, the amount to
be awarded as compensation for loss of dependency will be
Rs.16,07,508/-(114822x14). After deducting Rs.13,10,400/-
awarded by the Tribunal, the additional compensation under the
head will be Rs.2,97,108/-. The counsel for the appellants further
submitted that the Tribunal had awarded a sum of Rs.1,00,000/-
towards loss of consortium and Rs.15,000/- towards loss of love and
affection. It is submitted that a consolidated amount of
Rs.1,20,000/- was payable to the appellants under the head loss of
consortium and hence an additional amount of Rs.5,000/- is payable
under the above head. The counsel for the respondents submitted
that reasonable amount has been granted towards loss of
dependency. It is further submitted that the Tribunal has granted a
sum of Rs.25,000/- towards pain and suffering which was not
payable to the legal representatives going by the decision in United
India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur &
Ors. reported in [2020 (3) KHC 760]. It is also submitted that the
Tribunal awarded a sum of Rs.25,000/- towards funeral expenses
even though the appellants are entitled only to Rs.15,000/- under
the said head. It is also fairly submitted that the Tribunal awarded
only Rs.5,000/- towards loss of estate which ought to have been
Rs.15,000/-. It is the submitted that a sum of Rs.30,000/- is
hence to be deducted from the compensation awarded.
3. In the result, the appeal is allowed. The appellants are
awarded an additional compensation of Rs.2,67,108/- (Rupees
Two Lakhs Sixty Seven Thousand One Hundred and Eight
only) with interest at the rate of 9% per annum from the date of
filing of the claim petition (08.06.2010) till the date of realisation,
with proportionate costs. The appeal was filed with a delay of 391
days. The delay was condoned by this Court by order dated
7.8.2019, on condition that the appellants will not be entitled to
interest on the enhanced compensation, if any, granted in the
appeal, for the period of delay. The interest awarded on the
enhanced compensation awarded as above, will be computed
excluding the period of 391 days. The respondent insurer shall
deposit the additional compensation granted in this appeal along
with the interest and proportionate costs, before the Tribunal within
two months from the date of receipt of a certified copy of this
judgment, after deducting any amount to which the appellants are
liable towards balance court fee and legal benefit fund. The
disbursement of the compensation to the appellants shall be in
accordance with law.
Sd/-
T.R. RAVI
JUDGE
dsn
