Kerala High Court
Sarojini vs P.S. Veeran 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. 54 OF 2015
OP(MV) 267/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR
DTD.30.8.2014
APPELLANTS/PETITIONERS:
1 NITHYA, AGED 31 YEARS, W/O. SHAJI, VAZHAIPARAMBIL HOUSE,
SIVAJIPURAM, THURAVOOR P.O.,
ERNAKULAM DISTRICT - 683 572.
2 ANAMIKA, AGED 8 YEARS
D/O. SHAJI (MINOR), DATE OF BIRTH 14/06/2005,
VAZHAIPARAMBIL HOUSE, SIVAJIPURAM,
THURAVOOR P.O., ERNAKULAM DISTRICT - 683 572.
(REPRESENTED BY GUARDIAN AND NEXT FRIEND THE 1ST
APPELLANT NITHYA)
3 SUNDARAN, AGED 64 YEARS, S/O. RAMAN, VAZHAIPARAMBIL
HOUSE, SIVAJIPURAM, THURAVOOR P.O., ERNAKULAM DISTRICT -
683 572.
4 LEELAVATHI, AGED 60 YEARS
W/O. SUNDARAN, VAZHAIPARAMBIL HOUSE, SIVAJIPURAM,
THURAVOOR P.O., ERNAKULAM DISTRICT - 683 572.
BY ADVS.SRI.TONY THOMAS (INCHIPARAMBIL)
SRI.P.THOMAS GEEVERGHESE
RESPONDENTS/RESPONDENTS:
1 P.S.VEERAN, S/O SULAIMAN, PALLATHUKUDY HOUSE,
CHELAMATTOM KARA, OKKAL P.O.,
ERNAKULAM DISTRICT - 683 550.
2 RAJEEV, S/O. KRISHNANKUTTY, KARINGAPILLY HOUSE,
NEAR L.P SCHOOL, VARAPATTY P.O.,
ERNAKULAM DISTRICT - 686 669.
3 NEW INDIA ASSURANCE CO. LTD
BRANCH OFFICE, PERUMBAVOOR,
ERNAKULAM DISTRICT - 683 542.
4 SONY JOSE, PUTHUSSERY HOUSE, MATTOR P.O.,
KALADY, ERNAKULAM DISTRICT - 683 574.
5 NATIONAL INSURANCE CO. LTD.,
BRANCH OFFICE, PERUMBAVOOR,
ERNAKULAM DISTRICT - 683574.
6 IBRAHIM
S/O.KATHER, 8/331, ATHIKKATTU HOUSE, PAIPPARA, MULAVOOR
P.O - 686 673.
BY ADVS.SRI.P.G.GANAPPAN
SRI.LAL GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 01.11.2022, ALONG WITH MACA.3220/2014, THE COURT ON 09.12.2022
DELIVERED THE FOLLOWING:
M.A.C.A.Nos.54/2015 & 3220/2014
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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. 3220 OF 2014
OP(MV) 268/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR
APPELLANTS/PETITIONERS:
1 SAROJINI * (DIED)
W/O.SANKARAN, AGED 71 YEARS, VAZHAIPARAMBIL HOUSE,
SIVAJIPURAM, THURAVOOR P.O., ERNAKULAM DISTRICT - 683
572.
2 MADHAVAN
AGED 52 YEARS
S/O.SANKARAN, VAZHAIPARAMBIL HOUSE, SIVAJIPURAM,
THURAVOOR P.O., ERNAKULAM DISTRICT - 683 572.
3 VASUDEVAN
AGED 42 YEARS
S/O.SANKARAN, VAZHAIPARAMBIL HOUSE, SIVAJIPURAM,
THURAVOOR P.O., ERNAKULAM DISTRICT - 683 572.
4 NITHIN KUMAR
AGED 24 YEARS
S/O.NEELAKANDAN, VAZHAIPARAMBIL HOUSE, SIVAJIPURAM,
THURAVOOR P.O., ERNAKULAM DISTRICT - 683 572.
5 SANTHA
AGED 53 YEARS
W/O.PRABHAKARAN, KAROTHJUPARAMBIL HOUSE, VELIYATUNADU,
U.C.COLLEGE P.O., ERNAKULAM DISTRICT.
6 SAVITHRI
AGED 50 YEARS
D/O.SANKARAN, VAZHAIPARAMBIL HOUSE, SIVAJIPURAM,
THURAVOOR P.O., ERNAKULAM DISTRICT - 683 572.
7 JAGADESWARI
AGED 40 YEARS
W/O.MANI, PUTHUMANAKUDY HOUSE, POTHANIKKADU,
PALARIMANGALAM P.O., ERNAKULAM DISTRICT - 686 671.
ADDL.7 SHAKUNTALA
W/O NEELAKANTAN, AGED 54 YEARS,
VAZHAIPARAMBIL HOUSE,SHIVAJIPURAM,THURAVOOR P O,
ERNAKULAM 683 572.
*(ADDITIONAL 7th APPELLANT IS IMPLEADED AS PER ORDER IN
I.A.No.1/2022)
BY ADVS.
SRI.TONY THOMAS (INCHIPARAMBIL)
SRI.P.THOMAS GEEVERGHESE
M.A.C.A.Nos.54/2015 & 3220/2014
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RESPONDENTS/RESPONDENTS:
1 P.S. VEERAN
S/O.SULAIMAN, PALLTHUKUDY HOUSE,
CHELAMATTOM KARA, OKKAL P.O.,
ERNAKULAM DISTRICT - 683 550.
2 RAJEEV
S/O.KRISHNANKUTTY, KARINGAPILLY HOUSE, NEAR L.P.SCHOOL,
VARAPATTY P.O., ERNAKULAM DISTRICT - 686 669.
3 NEW INDIA ASSURANCE CO.LTD.
BRANCH OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 574.
4 SONY JOSE
PUTHUSSERY HOUSE,'MATTOR P.O., KALADY,
ERNAKULAM DISTRICT - 683 574.
5 NATIONAL INSURANCE CO.LTD.
BRANCH OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 574.
6 IBRAHIM
S/O.KATHER, 8/331, ATHIKKATTU HOUSE, PAIPPARA,
MULAVOOR P.O.
BY ADVS.
SRI.V.S.MANSOOR
SRI.PMM.NAJEEB KHAN
SMT.SARAH SALVY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 01.11.2022, ALONG WITH MACA.54/2015, THE COURT ON 09.12.2022
DELIVERED THE FOLLOWING:
M.A.C.A.Nos.54/2015 & 3220/2014
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C.JAYACHANDRAN, J.
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M.A.C.A.Nos.54 of 2015 & 3220 of 2014
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Dated this the 9th day of December, 2022
JUDGMENT
One Shaji and Jayanandan, both, succumbed to the
injuries sustained in a road accident which took place on
29.11.2007 when the motor cycle in which they were travelling
was rammed by a mini lorry driven by the 2 nd respondent in a
rash and negligent manner. Shaji was driving, while
Jayanandan was a pillion. The dependent legal heirs of Shaji
filed O.P.(M.V.)No.267/2008 and that of Jayanandan filed O.P.
(M.V.)No.268/2008. Both were allowed by virtue of a common
award dated 30.8.2014, which is impugned in these appeals,
essentially on the question of inadequacy of quantum.
2. Heard Sri.Tony Thomas Inchiparambil, learned counsel
for the appellants in both the appeals and Sri.P.M.M.Najeeb
Khan and Sri.Lal George, learned counsel for the
respondent/insurance company. Perused the records.
M.A.C.A.Nos.54/2015 & 3220/2014
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M.A.C.A.No.54/2015:
3. In M.A.C.A.No.54/2015, which pertains to the death of
Shaji, the driver of the motor vehicle, learned counsel for the
appellants first contended that the monthly income reckoned
by the Tribunal at Rs.3,500/- is very low. The deceased was a
mason at the time of accident and even as per
Ramchandrappa v. Manager, Royal Sundaram Aliance
Insurance Company Limited [2011 KHC 4675], the notional
income pertaining to the year of accident, 2007, is Rs.6,000/-.
The contention in this regard is only to be accepted. Going by
his age at the time of death, i.e., 35 years, the appellants are
entitled to reckon future prospects @ 40% as held in National
Insurance Company Limited v. Pranay Sethi and others
[(2017) 16 SCC 680], which contention is also liable to be
accepted. As regards the conventional heads like 'loss of
estate' and 'funeral expenses', the appellants are entitled to
Rs.15,000/- each and under the head 'consortium',
Rs.40,000/- each. Under all the three heads, the appellants
are entitled to enhancement at the rate of 10% as specified in
Pranay Sethi (supra). Deceased Shaji is survived by his wife,
M.A.C.A.Nos.54/2015 & 3220/2014
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minor daughter, father and mother, all of whom are his
dependents, each being entitled to Rs.40,000/- as
'consortium'. Simultaneous with the same, compensation of
Rs.1,00,000/- granted under the head 'love and affection' and
another Rs.1,00,000/- granted under the head 'consortium'
are liable to be obliterated. Similarly, Rs.50,000/- granted
under the head 'pain and suffering' is also not sustainable in
view of the judgment in Oriental Insurance Company
Limited v. Kahlon alias Jasmail Singh Kahlon (deceased)
through his legal representative Narinder Kahlon
Gosakan and another [AIR 2021 SC 3913]. Accordingly,
M.A.C.A.No.54/2015 is allowed and the compensation amount
payable to the appellants therein is re-worked as indicated in
the tabular statement herein below:
Sl.No. Head of Claim Amount Total amount
awarded by the after
Tribunal enhancement
(Rs.) in appeal
(Rs.)
1 Funeral expense 25,000 16,500
2 Transport to hospital 1,000 1,000
4 Loss of Dependency 5,04,000 12,09,600 *
and estate 2,500 16,500
5 Pain and Suffering 5,000 Nil
M.A.C.A.Nos.54/2015 & 3220/2014
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6 Loss of expectation Nil Nil
7 Loss of consortium 1,00,000 1,76,000
8 Love and affection 1,00,000 Nil
9 Extra nourishment Nil Nil
10 Treatment expenses Nil Nil
Total 7,38,000 14,20,100
Amount enhanced = Rs.6,82,100/- (Rupees Six lakhs eighty two
thousand one hundred only)
* 8,400 x 12 x 16x ¾
4. The direction/finding in the impugned award fixing the
liability upon respondents 1 to 3 being the owner, driver and
insurance company of the offending vehicle/mini lorry and
exonerating respondents 4 to 6 is confirmed.
M.A.C.A.No.3220/2014
5. Before addressing merits of this appeal, it is noticed that
the 1st appellant, who is the mother of the deceased, passed
away pending appeal and her legal heirs, except the additional
7th appellant, are already in the party array. The additional 7 th
appellant is sought to be impleaded by virtue of I.A.No.1/2022
which is hereby allowed.
M.A.C.A.Nos.54/2015 & 3220/2014
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6. Insofar as this appeal is concerned, the first contention is
again based on notional income. The deceased in this case is
also a mason and therefore, notional is liable to be reckoned
as Rs.6,000/- as held in Ramchandrappa (supra). As in the
other appeal, future prospects at the rate of 40% is liable to
be reckoned in this case also, the age of the deceased at the
time of accident being 38 years. In this appeal, the multiplier
applied is '7', which obviously is a mistake having regard to
the age of the deceased referred above. The correct multiplier
to be applied is '15'. One-half of the income will have to be
deducted towards personal expenses, the deceased being a
bachelor at the time of accident. Here, only the mother is
liable to be reckoned as a dependent legal heir. Admittedly,
the deceased was not married and his married brothers and
sisters, who were not depending on the income of the
deceased, are not entitled to dependency compensation.
Therefore, consortium at the rate of Rs.40,000/- is liable to be
given to the mother, who is the first petitioner in the O.P. and
the first appellant in the appeal. Loss under other
conventional heads, namely, loss of estate and funeral
M.A.C.A.Nos.54/2015 & 3220/2014
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expenses are fixed at Rs.15,000/- each, as held in Pranay
Sethi (supra). As against the above, compensation of
Rs.50,000/- granted under the head 'love and affection' and
Rs.5,000/- under the head 'pain and suffering', both, are liable
to be obliterated, since the case at hand is one of death. In the
result, this M.A.C.A. is also allowed, reworking the
compensation payable to the respondents 1 to 7 (in their
capacity as the legal representatives of the mother of the
deceased), as shown in the tabular statement herein below:-
Sl.No. Head of Claim Amount Total amount
awarded by after
the Tribunal enhancement
(Rs.) in appeal
(Rs.)
1 Funeral expense 25,000 16,500
2 Transport to hospital 1,000 1,000
4 Loss of Dependency 1,47,000 7,56,000 *
5 Loss of estate 2,500 16,500
6 Pain and Suffering 5,000 Nil
7 Love and affection 50,000 Nil
8 Loss of consortium - 44,000
Total 2,31,000 8,34,500
Amount enhanced = Rs.6,03,500/- (Rupees Six lakhs three thousand
five hundred only)
* 8400x12x15x ½
7. The Insurance Company shall pay interest for the
M.A.C.A.Nos.54/2015 & 3220/2014
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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.
8. The respective claimants 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 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.
These appeals are allowed as indicated above.
Sd/-
C.JAYACHANDRAN, JUDGE
skj
