Kerala High Court
Kochamma vs The New India Assurance Co.Ltd on 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
MACA NO. 390 OF 2016
AGAINST THE AWARD IN OPMV 983/2010 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL , PALAKKAD
APPELLANTS/PETITIONERS:
1 KOCHAMMA, AGED 64 YEARS
W/O. LATE K.P. VIJAYAN, DWARAKA,
KUNNUKADU, ELAPULLY, PALAKKAD.
2 SUMA, AGED 40 YEARS
W/O. SANKARA NARAYANAN, GANESHKRIPA,
KUNNUKADU, ELAPULLY, PALAKKAD.
3 TARA, AGED 39 YEARS
W/O. SHAILENDRA MENON, DWARAKA, KUNNUKADU,
ELAPULLY, PALAKKAD.
4 V.K. SUNIL MENON
S/O. LATE VIJAYAN, DWARAKA, KUNNUKADU,
ELAPULLY, PALAKKAD.
BY ADV SRI.JACOB SEBASTIAN
RESPONDENT/RESPONDENT:
THE NEW INDIA ASSURANCE CO.LTD.
N.S TOWERS, NEAR STADIUM BUS STAND,
NEAR STADIUM, PALAKKAD.
BY ADV LAL K.JOSEPH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 390 OF 2016 ..2..
JUDGMENT
The appellants are the petitioners in O.P.
(MV)No.983/2010 on the files of the Motor
Accidents Claims Tribunal, Palakkad. They have
approached this Court dissatisfied with the amount
of compensation awarded by the Tribunal. The
parties are referred to as per their status in the
claim petition.
2. According to the petitioners, on 3.10.2009,
while deceased K.P.Vijayan was travelling in a
stage carriage, he was thrown out of the rear exit
of the vehicle which was kept open and he
succumbed to the injuries sustained in the said fall.
The petitioners claimed an amount of Rs.5,00,000/-
as total compensation for the death of K.P.Vijayan
in the accident.
MACA NO. 390 OF 2016 ..3..
3. The 1st respondent-owner and the 2nd
respondent-driver, of the vehicle remained ex
parte before the Tribunal. The 3rd respondent
Insurance Company admitted existence of valid
policy of insurance at the time of the accident;
however, contended that the amount claimed is
excessive and exorbitant. The Tribunal found that
the accident happened due to the negligence of
the 2nd respondent while driving the stage carriage.
The Tribunal awarded an amount of Rs.3,51,000/-
as total compensation under various heads as
follows:
Sl. Head under which Amount Amount
No compensation is claimed (in allowed (in
claimed Rupees) Rupees)
1 Loss of earning 30000
2 Partial loss of
earning
3 Medical expenses 100000
MACA NO. 390 OF 2016 ..4..
4 Bystander expenses 10000
5 Damage to clothing 1000
etc
6 Transporation 10000
7 Extra-nourishment 10000
8 Pain and suffering 30000
9 Loss of love and 50000 25000
affection
10 Loss of consortium 30000 100000
11 Loss of estate 10000 5000
12 Loss of dependency 400000 196000
/ economic benefits
13 Loss of amenities
and conveniences
of life
14 Loss of earning
power
15 Funeral expenses 10000 25000
16 Disfigurement/
deformity
MACA NO. 390 OF 2016 ..5..
17 Any other head
Total 500000 351000
4. According to the petitioners, the amount
awarded by the Tribunal under various heads is
totally inadequate. It is contended by the
petitioners that the deceased was hospitalised for
51 days. Though the petitioners claimed an amount
of Rs.10,000/- towards bystander's expenses, no
amount was awarded under the said head. Since
the deceased was admitted in the hospital for 51
days, I am of the view that an amount of
Rs.10,000/- shall be awarded under the head
bystander's expenses. It is awarded.
5. No amount has been awarded under the
head transportation to hospital. An amount of
Rs.1,000/- is just and reasonable compensation
MACA NO. 390 OF 2016 ..6..
under the said head. Accordingly, the same is
awarded.
6. Though an amount of Rs.1,000/- is claimed
under the head damage to clothing, no amount is
seen awarded. An amount of Rs.500/- can be
awarded under the head damage to clothing.
7. Under the head loss of dependency, an
amount of Rs.4,00,000/- has been claimed. The
Tribunal has taken the monthly income of the
deceased as Rs.3,500/-. The accident was of the
year 2009 and taking note of the decision reported
in Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Company
Limited [2011 (13) SCC 236 : AIR 2011 SC 2951],
the notional income of the deceased has to be
taken as Rs.7,000/-. The Tribunal has rightly taken
the multiplier as '7', as the deceased was aged 64
MACA NO. 390 OF 2016 ..7..
years at the time of the accident. Therefore, the
petitioners are entitled for an amount of
Rs.3,92,000/- [7,000x12x7x2/3]. After deducting
the amount of Rs.1,96,000/- already awarded by
the Tribunal, the petitioners are entitled for an
enhanced amount of Rs.1,96,000/- under the
head loss of dependency.
In the result, the petitioners are entitled for an
enhanced amount of Rs.2,07,500/- (Rupees two
lakhs seven thousand and five hundred only)
[1,96,000+ 10,000 + 1,000 + 500]. The 3rd
respondent Insurance Company shall deposit the
said amount before the Tribunal with 9% interest
from the date of petition till realisation along with
proportionate costs within a period of two months
from the date of receipt of copy of this judgment.
While calculating interest, the petitioners will be
MACA NO. 390 OF 2016 ..8..
disentitled for interest for a period of 700 days as
per order dated 18.01.2022 in C.M.Application
No.1/2016.
The appeal is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB/18/02/2022
