Kerala High Court
Mini Roy vs Aboobakar on 9 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
MACA NO. 281 OF 2015
IN O.P.(MV)NO.685/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA
APPELLANTS:
1 MINI ROY
W/O ROY, VELUTHUMMOODAYIL @ VELUTHAMODAYIL HOUSE,
KATTAKALA KARA, NEDUMKANDAM VILLAGE.
2 RESHMA ROY [MINOR]
3 SONA ROY [MINOR]
4 BABY,S/O ABRAHAM,
VELUTHUMMOODAYIL @ VELUTHAMODAYIL HOUSE,
KATTAKALA KARA, NEDUMKANDAM VILLAGE.
5 MARYKUTTY,
W/O BABY, VELUTHUMMOODAYIL @ VELUTHAMODAYIL HOUSE,
KATTAKALA KARA, NEDUMKANDAM VILLAGE,
MINOR APPELLANTS 2 AND 3 REPRESENTED BY GUARDIAN
APPELLANT NO.1. MINI ROY, NELLIMALAYIL HOUSE,
PUNCHAVAYAL POST, EDAKUNNAM KARA, ERUMELY VADAKKU
VILLAGE.
BY ADVS.
SRI.MATHEW JOHN (K)
SRI.DOMSON J.VATTAKUZHY
RESPONDENTS:
1 ABOOBAKAR,
S/O MOHAMMED AMEER, BLOCK NO.83, PATTOM COLONY, KALLAR
POST-68552, IDUKKI DISTRICT.
2 ZEENATH ABUBACKER,
10/207, B 83, KALLAR POST, PATTOM COLONY, PAMPADUMPARA,
IDUKKI DISTRICT-685552.
MACA NO.281 OF 2015
2
3 THE MANAGER,
NATIONAL INSURANCE CO. LTD., CHERUPUSHPAM
BUILDINGS, PALA-686575.
BY ADVS.
SRI.LAL K.JOSEPH
SRI.V.S.SHIRAZ BAVA
SRI.A.A.ZIYAD RAHMAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.11.2022, THE COURT ON 09.12.2022 DELIVERED
THE FOLLOWING:
MACA NO.281 OF 2015
3
JUDGMENT
The appellants are the dependent legal heirs
of one Mr.Roy, who met with a road accident on
18.08.2012, and sustained serious injuries, to
which he succumbed. The accident occurred in a
water service station, when the car driven by the
first respondent, in a rash and negligent manner,
rammed on the deceased, while attempting to take
the same to the ramp in the service station. The
appeal is essentially directed for enhancement of
compensation granted undrer various heads.
2. Heard Sri. Mathew John, learnd counsel for the
appellant and Sri. Lal K.Joseph, learned Standing
Counsel for the National Insurance Company. Perused
the records.
3. The learned counsel for the appellant first
pointed out that the monthly income reckoned by the
Tribunal is Rs.7,000/-. Going by the index
available in Ramachandrappa v. Manager, Royal
MACA NO.281 OF 2015
Sundaram Alliance Insurance Company Ltd. [2011 KHC
4675], the notional income pertaining to the year
2012 is Rs.8,500/-, which at least is liable to be
reckoned, is the submission. This Court finds
considerable force in the submission made by the
learned counsel for the appellant and accordingly,
directs to reckon Rs.8,500/- as the monthly income
of the deceased. Based on the judgment of the
Larger Bench of the Supreme Court in National
Insurance Company Limited v. Pranay Sethi [2017 (4)
KLT 662 (SC)], the appellants claim future
prospects to be reckoned at the rate of 40%. This
submission is also perfectly in accord with law,
laible to be accepted as such.
4. Rs.5,000/- was given under the head 'loss of
estate', which is laible to be enhanced to
Rs.15,000/- as per Pranay Sethi (supra). The amount
given under the head 'pain and suffering' cannot be
sustained as held in Oriental Insurance Company v.
Kahlon [AIR 2021 SC 3913]. Similarly, compensation
granted under the head 'love and affection' also
MACA NO.281 OF 2015
cannot be sustained; instead, compensation has to
be granted as 'consortium'. The
claimants/appellants are the parents and the two
children of the deceased, each of whom are entitled
to Rs.40,000/- as held in Pranay Sethi (supra).
This Court also notices that the funeral expenses
granted at the rate of Rs.25,000/- has to be
reduced to Rs.15,000/- in terms of Pranay Sethi
(supra). As pointed out by the learned counsel,
enhancement @10% as contemplated in Pranay Sethi
(supra) for every three years is also liable to be
allowed.
5. In the result, this MACA is allowed and the
compensation amount payable to the
claimants/appellants is reworked, as indicated in
the tabular statement herein below:
MACA NO.281 OF 2015
Sl. Head of Claim Amount Total
No. awarded amount
by the after
Tribunal enhancement
in appeal
1 Transport to hospital 10,000 10,000
2 Extra Nourishment --- ---
3 Damage to clothing --- ---
4 Funeral Expenses 25,000 16,500
5 Treatment Expenses --- ---
6 Pain and Suffering 25,000 Nil
7 Loss of Dependency 14,17,500 16,06,500*
8 Loss of Estate 5,000 16,500
9 Loss of Love and 25,000 Nil
affection
10 Loss of consortium 50,000 2,20,000
(Rs.44,000x
Total 15,57,500 18,69,500
Amount Enhanced=3,12,000/- (18,69,500-15,57,500)
* 16,06,500= 11,900x12x15x3/4
MACA NO.281 OF 2015
6. The Insurance Company shall pay interest for
the amounts awarded by the Tribunal at the rate
directed in the impugned award and for the enhanced
amount, at the rate of 5% from the date of
petition. If any amount has already been paid, the
same shall be granted set off.
7. Since there was a delay of 59 days in filing
the appeal, the interest for the enhanced quantum
shall not run for the said period as directed in
order dated 19.01.2022 in C.M.A.No.1/2015 in
M.A.C.A.No.281 of 2015.
8. The claimant shall produce the details of the
Bank account before the Insurance Company/Tribunal
within two months from the date of receipt of a
certified copy of this judgment and amount shall be
transferred to the Bank account directly through
NEFT/RTGS mode, within a period of one month
thereafter. If the Bank account is not given within
the time stipulated, it is made clear that, no
interest shall run on the enhanced amount after the
MACA NO.281 OF 2015
period stipulated by this Court. However, if the
Insurance Company fails to deposit the amount, as
directed, interest on the enhanced amount shall
also run at the rate ordered by the Tribunal from
the date of petition.
The appeal is allowed to the above extent.
Sd/-
C. JAYACHANDRAN
JUDGE
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