Kerala High Court
Safeer vs Sunilkumar on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
MACA NO. 2783 OF 2018
AGAINST THE ORDER/JUDGMENT IN OPMV 1073/2015 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL TIRUR
APPELLANTS/CLAIMANTS :
1 SAFEER, AGED 42 YEARS,
S/O MUHAMMED, PANDARA ARAKKAL HOUSE, KODUR P.O.,
ERNAD TALUK, PIN - 676 504, NOW RESIDING AT
ELAMKULATH HOUSE, IRINGAVOOR P.O., TIRUR - 676 103.
2 SHAHINA, AGED 1 YEARS
W/O. SAFEER, PANDARA ARAKKAL HOUSE, KODUR.P.O.,
ERNAD TALUK, PIN-676504, NOW RESIDING AT ELAMKULATH
HOUSE, IRINGAVOOR.P.O., TIRUR-676103.
3 AKHIL MOHAMMED, AGED 1 YEARS,
S/O.SAFEER,PANDARA ARAKKAL HOUSE, KODUR.P.O., ERNAD
TALUK, PIN-676504, NOW RESIDING AT ELAMKULATH
HOUSE, IRINGAVOOR.P.O., TIRUR-676103.
4 MINHA FATHIMA, AGED 14 YEARS,
D/O.SAFEER, MINOR REPRESENTED BY HER FATHER SAFEER,
PANDARA ARAKKAL HOUSE, KODUR.P.O., ERNAD TALUK,
PIN-676504, NOW RESIDING AT ELAMKULATH HOUSE,
IRINGAVOOR.P.O., TIRUR-676103.
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS/RESPONDENTS :
1 SUNILKUMAR, S/O SURESH, OTTARKADU HOUSE,
PERINGOTTUKURUSSI, PALAKKAD - 678 574 (DRIVER)
2 THE DIRECTOR, SUN POWER CEMENT CO.LTD,
PETRONET ROAD, NIDA WISE PARK, KANJIKODE,
PALAKKAD-678521(OWNER).
3 THE UNITED INDIA INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE, SKP BUILDING, BENCH ROAD,
KOLLAM - 691 001. (INSURER)
R3 BY ADV SRI.RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No. 2783 of 2018
- 2 -
K.VINOD CHANDRAN, J
------------------------------------------------
M.A.C.A.No.2783 of 2018
--------------------------------------------------
Dated this the 24th day of February, 2022
JUDGMENT
A 20 year old Engineering student died in the year 2014 in a
motor vehicle accident. The notional income was adopted at
Rs.8,000/- by the Tribunal. In National Insurance Co. Ltd. v.
Fathimath Zuhara @ Zuhra Razak & Another (2016(3) KLJ
417, a Division Bench of this Court adopted Rs.12,000/- as
notional income for an Engineering student.
2. The learned counsel for the appellants points out that in
an identical accident, another Engineering student, who was with
the deceased in this case,as pillion rider, also died and his claim
was allowed by the Tribunal in OPMV No.919 of 2015. There the
income adopted was Rs.14,000/- with 40% future prospects.
3. The learned counsel for the appellants submits that
there is no appeal filed against the above order of the Tribunal. On
our directions, the Registry of the High Court made a search which
too was negative. It has been informed that there is no appeal
seen filed against the order in OPMV No.919 of 2015. In such
circumstances, the notional income adopted and the future
prospects as in that case can be adopted here also.
M.A.C.A.No. 2783 of 2018
- 3 -
4. In addition to the above, this Court finds that the
father and mother of the deceased, who are two of the four
appellants herein are entitled to loss of consortium at the rate of
Rs.40,000/- each. Though the loss of consortium has not been
granted, Rs.50,000/- has been granted by the Tribunal for loss of
love and affection. Hence an enhancement of Rs.30,000/- alone is
to be granted which would take in the compensation for loss of
consortium. Enhancement is made as per the tabulation below :
Head of Claim Amount awarded Total amount after
Sl. by the Tribunal enhancement in appeal
No. Rs
Rs
1 Loss of future economic Nil Nil
benefit
2 Partial loss of earning Nil Nil
3 Transport to hospital 5000 5000
4 Extra nourishment Nil Nil
5 Damage to clothing and 1000 1000
articles
6 Others : Nil Nil
1. Medical expenses
2. Funeral expenses etc. 15000 15000
3. Loss of consortium Nil Nil
4. Loss of estate 15000 15000
5. Loss of love and 50000 50000 + 30000 =
affection 80000
7 Compensation for pain 10000 10000
and suffering
8 Compensation for the loss 1209600 14000 x 140% x 12 x
of dependency 18 x 1/2 =2116800
9 Compensation for loss of Nil Nil
future expectations of life
Total 13,05,600 22,42,800
M.A.C.A.No. 2783 of 2018
- 4 -
Amount enhanced : Rs.22,42,800/- - Rs.13,05,600 = Rs.9,37,200/-
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 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/-
K.VINOD CHANDRAN
JUDGE
amk
