Kerala High Court
Aalikutty.M vs Ashokan.G.K on 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
MACA NO. 1540 OF 2019
AGAINST THE AWARD DATED 15.09.2018 IN OP(MV) NO. 26/2017 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANTS/PETITIONERS:
1 AALIKUTTY.M
AGED 47 YEARS
S/O.IBRAHIM
2 AAYISHAKUTTY @ AYISHA,
AGED 48 YEARS
W/O.AALIKUTTY
3 HARIS,
AGED 30 YEARS
S/O.AALIKUTTY
4 HANEEFA,
AGED 25 YEARS
S/O.AALIKUTTY
5 AASHIKH,
AGED 20 YEARS
S/O.AALIKUTTY (ALL ARE AT MANNIL HOUSE, PULLANNOOR
P.O., MALAYAMMA, CHATHAMANGALAM, KOZHIKODE
BY ADVS.
K.P.ANIL KUMAR
SRI.T.R.TARIN
RESPONDENTS/RESPONDENTS:
1 ASHOKAN.G.K
S/O.KRISHNAN NAIR, GEETHA SADANAM, MAILAMBADI P.O.,
MEENANGADI,WAYANAD-673 591
2 THE NEW INDIA ASSURANCE COMPANY LTD,
MGT BUILDING, KALPETTA, WAYANAD-673 121
BY ADVS.
SRI.TONY THOMAS (INCHIPARAMBIL)
SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No. 1540 of 2019
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K.VINOD CHANDRAN, J
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M.A.C.A.No. 1540 of 2019
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Dated this the 18th day of February, 2022
JUDGMENT
The appeal is filed for enhancement of compensation awarded
by the Tribunal. The claim is for the death of the son of the petitioners
1 and 2. On going through the appeal, there is some scope for
enhancement of the amounts awarded. The deceased was 21 year old
and the accident occurred in 2016. Though it was claimed that he is a
salesman, no evidence was produced. The Tribunal adopted
Rs.9,000/- as notional income. Even a coolie, as has been decided
in Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Ltd. : (2011) 13 SCC 236 would be fixed with
a notional income of Rs.10,500/- in the year 2016. Hence, the said
enhancement has to be granted with 40% future prospects. As far as
love and affection is concerned, only the parents are entitled to loss of
consortium at Rs.40000/-each. There has to be a reduction of
Rs.20000/- as far as love and affection is concerned. Enhancement is
made as per the tabulation below:
M.A.C.A.No. 1540 of 2019
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Head of Claim Amount awarded Total amount after enhancement
Sl. by the Tribunal in appeal
No. Rs
Rs
1 Loss of dependency 12,09,600 15,87,600
(10500x140%x18x12x½)
2 Love and affection 1,00,000 (100000-20000) 80,000
3 Loss of estate 15000 15000
4 Funeral expenses 15000 15000
Total 13,39,600 16,97,600
Amount enhanced -Rs.16,97,600 - Rs.13,39,600 = Rs.3,58,000/-
2. 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 amounts at the rate of 5% from the date of
petition. If any amounts have already been paid, the same shall be
granted set off. The claimant(s) shall produce the details of the Bank
account before the Insurance Company/Tribunal within one month
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.
M.A.C.A.No. 1540 of 2019
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The appeal is allowed to the above extent.
Sd/-K.VINOD CHANDRAN
JUDGE
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