Khairunnisa vs Prakash
2022 Latest Caselaw 2015 Ker

Citation : 2022 Latest Caselaw 2015 Ker
Judgement Date : 19 February, 2022

Kerala High Court

Khairunnisa vs Prakash on 19 February, 2022

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
   SATURDAY, THE 19TH DAY OF FEBRUARY 2022 / 30TH MAGHA, 1943
                     MACA NO. 2312 OF 2017
AGAINST THE AWARD DATED 20.01.2017 IN OPMV 181/2015 OF    MOTOR
              ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD
APPELLANTS/PETITIONERS:

    1     KHAIRUNNISA
          AGED 36 YEARS, W/O. MOHAMMED K., R/AT
          MOODAMBAIL,ARICHAR HOUSE, KADAMBAR, MANJESHWAR TALUK,
          KASARGOD DISTRICT.
    2     MUFEED MOHAMMED. K
          AGED 12 YEARS, S/O. MOHAMMED, DOB : 02.07.2004,R/AT
          MOODAMBAIL, ARICHAR HOUSE, KADAMBAR, MANJESHWAR
          TALUK, KASARGOD DISTRICT.
    3     KHADEEJATH MUNEERA
          AGED 10 YEARS, D/O. MOHAMMED, DOB : 05.10.2007,R/AT
          MOODAMBAIL, ARICHAR HOUSE, KADAMBAR, MANJESHWAR
          TALUK, KASARGOD DISTRICT.
    4     MUBASHIR
          AGED 7 YEARS, S/O. MOHAMMED, DOB : 06.09.2009,R/AT
          MOODAMBAIL, ARICHAR HOUSE, KADAMBAR, MANJESHWAR
          TALUK, KASARGOD DISTRICT. (PETITIONER NOS. 2 TO 4 ARE
          MINORS REPRESENTED BY GUARDIAN MOTHER, 1ST
          PETITIONER)
          BY ADVS.
          SRI.K.P.HARISH
          SRI.JACKSON JOHNY


RESPONDENTS/RESPONDENTS:

    1      PRAKASH
           S/O. JYOTIRAM DAS,VAMACHUVADY, KARADE TALUK, SATHARA
           DISTRICT, MAHARASHTRA, PIN - 421 304.
     2     DEVESHAN DHARMPAL BELMAN
           MHATRE CHAWL, VALPADA, BHIWANDI, THANE
           DISTRICT,MAHARASHTRA - 421 302.
     3     THE BRANCH MANAGER
           THE NEW INDIA ASSURANCE COMPANY LTD.,GOKUL
           ENTERPRISES, ANABAGILU, M.G. ROAD, KASARAGOD - 671
           121.
           BY ADV SRI.P.JACOB MATHEW
      THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 19.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
  M.A.C.A.No.2312 of 2017
                                 - 2 -




                      K.VINOD CHANDRAN, J
            ------------------------------------------------
                      M.A.C.A.No.2312 of 2017
           --------------------------------------------------
                 Dated this the 19th day of February, 2022



                              JUDGMENT

The appellants are the legal heirs of the husband of the first

appellant, who died in a motor accident. The appeal is for

enhancement of compensation. The husband of the first appellant

was 40 years old and was said to be running a fancy shop. The

deceased was survived by the four claimants, his wife and three

children. The Tribunal adopted Rs.6,000/- as the notional income.

2. Despite the claimants asserting that the deceased was

running a fancy shop, there was no evidence to prove that. There was

no evidence regarding the income also. 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.9,000/- per annum in the year

2014. In such circumstances, the notional income is adopted at

Rs.9,500/-. 25% enhancement is granted on future prospects and ¼ th

is reduced for personal expenses.

M.A.C.A.No.2312 of 2017

- 3 -

3. Considering the fact that enhancement is granted, one has

look at the compensation granted in excess of what is laid down by

precedents. For loss of consortium, each of the claimants are entitled

to Rs.40,000/-. But when that amount is granted, there is no question

of further compensation for loss of love and care. The Tribunal has

granted Rs.2,50,000/- for loss of consortium and loss of love and

care, which has to be reduced by Rs.90,000/-. Since no amount has

been granted for transport to hospital and damage to clothing and

articles, this Court is of the opinion that a nominal amount of

Rs.3,000/- and Rs.1,000/- respectively can be granted under these

heads. The total compensation granted under loss of estate and

funeral expenses is correct. A further amount of Rs.10,000/- for loss

of love and care also has to be deleted. Enhancement will be granted

in accordance with the following tabulation:

Head of Claim Amount awarded Total amount after Sl. by the Tribunal enhancement in appeal No. Rs Rs 1 Transport to Hospital - 3000

2 Damage to clothing and - 1000 articles 3 Funeral expenses 25000 25000 4 Loss of estate 5000 5000 5 Loss of love and 10000 -

affection 6 Compensation for loss 720000 (9500x125%x12x15x3/4) of dependency 1603125 7 Pain and suffering - -

M.A.C.A.No.2312 of 2017

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      8    Loss of love and care
                                           150000 }       (40000 x 4) 1,60,000
      9    Loss of consortium              100000
                     Total              10,10,000                    17,97,125

Amount enhanced - Rs.17,97,125 - Rs.10,10,000 = Rs.7,87,125/-

4. 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