Kerala High Court
Chithrangadhan vs Davis C.M on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA,
1943
MACA NO. 2021 OF 2012
AGAINST THE COMMON AWARD IN OPMV 1658/2004 OF SPECIAL
COURT FOR EC ACT CASES & MOTOR ACCIDENT CLAIMS TRIBUNAL,
THRISSUR
APPELLANTS/PETITIONERS:
1 CHITHRANGADHAN, S/O.NARAYANAN.
2 C.C.ANIL KUMAR, S/O.CHITRANGADAN.
3 C.C.SUNIL KUMAR, S/O.CHITHRANGADAN.
4 MINIKUMARI, W/O.RADHAKRISHNAN.
5 C.C.DILIP KUMAR, S/O.CHITHRANGADAN
ALL ARE RESIDING AT CHOOLEZHATH HOUSE,
P.O.PUTHIESSERY, PURANATTUKARA,
THRISSUR DISTRICT.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.K.A.ANAS
SRI.A.R.NIMOD
RESPONDENTS/RESPONDENTS:
1 DAVIS C.M., S/O.MATHEW,
RESIDING AT CHALEKKADAN HOUSE, KOVILAKATHUPADAM,
THRISSUR DISTRICT - 680 023.
2 THE NATIONAL INSURANCE COMPANY LIMITED
P.B.NO.60, SOUNDARYA BUILDINGS, M.G.ROAD,
PULIMOODU, THIRUVANANTHAPURAM - 695 003.
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A No.2021 of 2012
2
JUDGMENT
Award in O.P.(M.V) No.1658/2004 dated
15.03.2012 on the file of the Motor Accidents
Claims Tribunal, Thrissur is under challenge
in this appeal at the instance of the original
petitioners, who are the legal heirs of one
Santhosh Kumar, who died as a result of a
motor accident occurred on 14.02.2004.
2. Respondents herein are the respondents
in the Original Petition.
3. It is submitted by the learned counsel
for the appellants that the Tribunal granted
Rs.1,75,230/- as compensation, ignoring the
structured formula provided under the second
Schedule of Section 163A of the Motor Vehicles
Act. According to him, the monthly income of
the deceased at the time of accident was
Rs.3,300/- and, therefore, the compensation
should have been calculated based on the
structured formula applicable to the income up
M.A.C.A No.2021 of 2012
to Rs.40,000/- per year. Therefore, the amount
should be Rs.4,26,666/- after deducting 1
/3
from Rs.6,40,000/- provided under the
schedule.
4. That apart, Rs.2,000/- under the head
'Funeral Expenses' and Rs.2,500/- under the
head 'loss of estate' also to be granted apart
from granting Rs.3,230/- towards medical
bills. This submission is not opposed by the
learned counsel for the Insurance Company
since the calculation is based on the
structured formula. Therefore, the total
compensation entitled to the appellants would
come to Rs.4,34,396/-.
5. It is submitted by the learned counsel
for the Insurance Company that the Tribunal
granted Rs.12,000/- under the head 'pain and
sufferings', Rs.15,000/- under the head 'love
and affection' and Rs.15,000/- under the head
'loss of consortium' and Rs.5,000/- given
M.A.C.A No.2021 of 2012
under the head 'loss of expectancy of life'
and Rs.3,000/- granted in excess of Rs.2,000/-
towards 'Funeral Expenses' to be reduced.
Thus, Rs.50,000/- granted under the above
heads is impermissible as per the structured
formula. Thus the said amount is to be
reduced. The total compensation arrived at
Rs.4,34,396/- deducting Rs.1,75,230/-, the
amount awarded by the Tribunal the balance
would come to Rs.2,59,166/-. Accordingly the
enhanced compensation is Rs.2,59,166/-
6. In the result, this appeal is allowed.
It is held that the appellants are entitled to
get Rs.2,59,166/- (Two Lakh Fifty Nine
Thousand One Hundred and Sixty Six only) as
enhanced compensation with the same rate of
interest awarded by the Tribunal, payable by
the 2nd respondent - Insurance Company from
the date of petition till the date of deposit
or realisation. The Insurance Company is
M.A.C.A No.2021 of 2012
directed to deposit the same in the name of
the appellants in equal proportion within two
months from today.
Sd/-
A.BADHARUDEEN, JUDGE.
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