Kerala High Court
Aleyamma K.S vs Harikumar T.S on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
MACA NO. 854 OF 2015
AGAINST THE AWARD IN OPMV 527/2013 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - IV& ADDL.MOTOR ACCIDENT CLAIMS
TRIBUNAL, PATHANAMTHITTA,
APPELLANTS/PETITIONERS 1 TO 4:
1 ALEYAMMA K.S
CHARIVAKALAYIL HOUSE,KAKKUDUMON.P.O.,
ATHIKKAYAM VILLAGE,
RANNY TALUK.
2 JERRIN MATHEW
CHARIVAKALAYIL HOUSE,
KAKKUDUMON.P.O.,
ATHIKKAYAM VILLAGE,
RANNY TALUK.
3 JESTINA MATHEW
CHARIVAKALAYIL HOUSE,
KAKKUDUMON.P.O.,
ATHIKKAYAM VILLAGE,
RANNY TALUK.
4 MARIAMMA MATHEW
CHARIVAKALAYIL HOUSE,
KAKKUDUMON.P.O.,
ATHIKKAYAM VILLAGE,
RANNY TALUK.
BY ADVS.SRI.T.K.KOSHY
SRI.ABE RAJAN
SRI.SABU I.KOSHY
RESPONDENTS/RESPONDENTS:
1 HARIKUMAR T.S
S/O.SIVANKUTTY, THADATHIL HOUSE,
CHEMPANOLY, VECHOOCHIRA.P.O.,
RANNY. PIN-689 672.
M.A.C.A.No.854 of 2015
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2 VASANTHAKUMAR K
VASANTHA BHVAN, KARIKULAM.P.O.,
RANNY. PIN-689 673.
3 DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
MARTHOMA BUILDING, T.K.ROAD,
THIRUVALLA. PIN-689 101.
BY ADV SRI.VPK.PANICKER FOR R1 & R2
SMT.K.S.SANTHI FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 07.09.2021, THE COURT ON 05.10.2021 DELIVERED THE
FOLLOWING:
M.A.C.A.No.854 of 2015
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T.R.RAVI, J.
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M.A.C.A.No. 854 of 2015
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Dated this the 5th day of October, 2021
JUDGMENT
The claimants before the Additional Motor Accident Claims
Tribunal, Pathanamthitta have preferred this appeal claiming
enhancement of the compensation. The appellants are legal
representatives of deceased Mathew. The deceased, who was 49
years, while riding a motor cycle, was hit by a private bus on
06.05.2013. He sustained severe injuries and later succumbed to
the injuries. The legal representatives preferred the claim.
2. It was stated that the deceased was a painting
contractor, who was having more than Rs.10,000/- as monthly
income. It is their grievance that the Tribunal considered only
Rs.5,000/- as his monthly income. It is pointed out by the
learned counsel for the appellant that the wife of the deceased
had given oral evidence regarding the income, but the Tribunal
M.A.C.A.No.854 of 2015
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has wrongly fixed it at Rs.4,500/-. It is further submitted that
going by the decision in Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Co.Ltd., reported in [AIR 2011
SC 2951], even in the case of a coolie, the notional income in an
accident which happened in 2013 ought to have been fixed at
Rs.9,000/-. It is also submitted that the appellants are entitled to
have the income increased by 25% towards future prospects.
Regarding the conventional heads, it is seen that an amount of
Rs.5,000/- alone was granted towards loss of estate, while a sum
of Rs.25,000/- was granted towards funeral expenses. The
appellants are entitled to Rs.15,000/- as compensation on each of
the above two heads. A sum of Rs.3,50,000/- is seen awarded
under the head loss of love and affection and loss of consortium.
The four appellants together will be entitled to a total sum of
Rs.1,60,000 (40,000/- each) as against the sum of Rs.3,50,000/-,
which is awarded. That is, a sum of Rs.1,90,000/- will have to be
reduced under that head. The calculation under loss of
dependency will have to be re-worked on the basis of the monthly
M.A.C.A.No.854 of 2015
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income of Rs.9,000/- increased by 25% future prospects. The
monthly income along with future prospects will come to
Rs.11,250/-. The compensation payable towards loss of
dependency would hence work out to Rs.13,16,250/-
3. In the light of the above findings, the compensation
awarded by the Tribunal is liable to be enhanced and modified in
the manner shown in the table below:
Sl. Head of the Claim Amount Amount Amount as
No. Claimed(Rs.) Awarded( modified
Rs.) by this Court
(Rs.)
1 Loss of dependency 1800000 760500 1316250
2 Pain and sufferings 100000 10000 10000
3 Funeral expenses 65000 25000 15000
4 Transport to hospital 9250 1000 1000
5 Damage to clothes 13000 1000 1000
6 Loss of love and affection 350000 250000 120000
7 Loss of consortium 200000 100000 40000
8 Loss of estate 150000 5000 15000
Total 1152500 1518250
4. In the result, the appeal is allowed. The compensation
granted by the Tribunal is enhanced by a further sum of
M.A.C.A.No.854 of 2015
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Rs.3,65,750/- (Rupees Three Lakhs Sixty Five Thousand
Seven Hundred and Fifty only) with interest at 9% per annum
on the enhanced compensation from 01.07.2013 till the date of
realisation, with proportionate costs. The 3rd 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
appellant is liable towards balance court fee and legal benefit
fund. The disbursement of the compensation to the appellant shall
be in accordance with law.
Sd/-
T.R. RAVI,
JUDGE
dsn
