Vasu Melethil vs Hiller A.V
2022 Latest Caselaw 7385 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                          MACA NO. 248 OF 2011
   AGAINST THE AWARD IN OPMV 603/2008 OF MOTOR ACCIDENT CLAIMS
                           TRIBUNAL, PALAKKAD
APPELLANTS/PETITIONERS:

    1        VASU MELETHIL
             AGED 60 YEARS
             S/O.UNNAMAN, LAKSHMI NIVAS,
             EDATHARA, PALAKKAD.
    2        RAJANI VASU
             AGED 52 YEARS
             W/O.VASU MELETHIL, LAKSHMI NIVAS,
             EDATHARA, PALAKKAD.
    3        RAMYA VASU
             24 YEARS, D/O.VASU MELETHIL,
             LAKSHMI NIVAS,
             EDATHARA, PALAKKAD.
             BY ADV SRI.T.K.SANDEEP


RESPONDENTS/RESPONDENTS:

    1        MANAGING PARTNER,
             M/S.MAYILVAHANAM,
             SHORNUR P.O., PALAKKAD-679 121.,
             (OWNER OF BUS NO.K.L.9/M.4500).
    2        SUKUMARAN
             46 YEARS S/O.MADHAVAN
             KANNANUR VEEDU, KUNDUPARAMBU,
             PARLI P.O., PALAKKAD TALUK, PIN 678612.,
             (RIDER OF BUS NO.K.L.9/M.4500).
    3        THE NEW INDIA ASSURANCE CO.LTD.
             JRJ COMPLEX, OTTAPPALAM-679 101,
             (INSURER OF BUS NO.K.L.9/M.4500).
             BY ADV SRI.GEORGE CHERIAN THIRUVALLA


     THIS    MOTOR   ACCIDENT   CLAIMS     APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA NO. 248 OF 2011
                                    2



                           JUDGMENT

Dated this the 24th day of June, 2022

Appellants are the petitioners in O.P.(MV)

No.603/2008 on the files of the Motor Accidents Claims

Tribunal, Palakkad and they impugn award dated

30.07.2010 in the above case. Respondents herein are

the respondents before the Tribunal.

2. Heard both sides.

3. The brief facts of the case are as follows:-

The appellants approached the Tribunal and lodged

claim petition under Section 166 of the MV Act on the

allegation that one 'Vivek Vasu', who is the son of

appellants 1 and 2 died in consequence of a motor

accident occurred on 28.03.2008 while the above said

'Vivek Vasu' was travelling on a motor cycle at the time of

the accident. According to the appellants, the motor cycle

was hit down by the bus bearing registration MACA NO. 248 OF 2011

No.KL-9M/4500, driven by the second respondent in a

rash and negligent manner. The total compensation of

Rs. 8,27,000/- was claimed from respondents 1 to 3.

4. The third respondent-Insurance Company filed

written statement by denying accident and negligence.

The quantum of compensation challenged while admitting

policy.

5. Exts.A1 to A15 marked on the side of the

appellants and no evidence adduced on the side of the

respondents when the Tribunal adjudicated the matter.

After analysing the evidence, the Tribunal granted

Rs.2,80,000/- along with interest at the rate of 7.5% per

annum as compensation.

6. The main thrust of argument at the instance of

the learned counsel for the appellants is fixation of

monthly income in this matter. As could be borne out

from the award, Rs.2,500/- is the monthly income fixed in

this case. The specific case put up by the appellants MACA NO. 248 OF 2011

before the Tribunal was that the deceased was a second

year B.Tech Engineering student of N.S.S.College of

Engineering, Palakkad and therefore, the monthly income

at the rate of Rs.2,500/- fixed by the Tribunal is on a lower

side. Ext.A13 is a certificate dated 05.11.2009 issued by

the Principal, N.S.S. College of Engineering, Palakkad,

certifying that 'Vivek Vasu' was a student of the said

college during 2006 -2008.

7. Having noticed the said fact, I am inclined to fix

the monthly income of the deceased at Rs.8,000/- for

fixing loss of dependency income. 40% addition also is

entitled by the appellants, following the ratio in National

Insurance Company Limited v. Pranay Sethi and Ors

(2017 (4) KLT 662). Thus, the monthly income for the

purpose of calculating 'loss of dependency' is fixed as

Rs.11,200/- (8000 + 3200). In this case, the multiplier

applied by the Tribunal is '17' though the multiplier in so

far as the age group between 15-25 as per Sarla Verma

(Smt) & Ors v. Delhi Transport Corporation & Anr. MACA NO. 248 OF 2011

[2010 (2) KLT 802 (SC)] is '18'. Therefore, multiplier is

re-fixed at '18'. Accordingly, 'loss of dependency income'

is re-calculated as under:-

11,200 x 12 x 18 x 1/2 = 12,09,600/-

Out of which, Rs.2,55,000/- was granted by the

Tribunal. Thus, Rs.9,54,600/- (12,09,600 - 2,55,000) is

granted as enhanced compensation under the head 'loss

of dependency income'.

8. Apart from that, appellants 1 and 2, who are the

parents of the deceased are entitled to get Rs.80,000/-

under the head 'loss of consortium', following the ratio in

Pranay Sethi's case (supra). The Tribunal granted

Rs.2,000/- under the head 'funeral expenses'. Therefore, I

am inclined to grant Rs.13,000/- more under the head

'funeral expenses'.

9. Similarly, Rs.15,000/- more is granted under

the head 'loss of estate' following the ratio in Pranay

Sethi's case (supra).

MACA NO. 248 OF 2011

10. It is pointed out by the learned Standing Counsel

for the third respondent/Insurance Company that

Rs.10,000/- granted under the head 'loss of love and

affection' is liable to be reduced as per the ratio in United

India Insurance Co.Ltd. v. Satinder Kaur @

Satwinder Kaur and Others [2020(3) KHC 760]. Thus,

Rs.10,000/- is reduced on those heads.

11. Since the appellants claimed only

Rs.10,00,000/-, the appellants are liable to pay court fee

for the compensation granted in excess of Rs.10,00,000/-.

Hence, the grant of enhanced compensation is subject to

payment of court fee for additional sum of Rs.5,05,600/-.

In the result, this appeal stands allowed. It is held

that the appellant is entitled to get Rs.13,32,600/- as

compensation out of which Rs.2,80,000/- was granted by

the Tribunal and the balance amount of Rs.10,52,600/-

(Rupees ten lakh fifty two thousand and six hundred only)

is granted as enhanced compensation with the same rate MACA NO. 248 OF 2011

of interest awarded by the Tribunal, excluding interest for

a period of 34 days specifically excluded by this Court

while allowing the delay petition-C.M.Application

No.391/2011 as per order dated 23.03.2021, payable by

the Insurance Company, from the date of petition till the

date of deposit or realisation.

The Insurance Company is directed to deposit court

fee for a sum of Rs.5,056/- in the name of the Motor

Accidents Claims Tribunal being the additional court fee

and the remaining amount in the name of the appellants in

the proportion 2:2:1 within two months from today. On

deposit, the appellants can release the same.

Sd/-

A. BADHARUDEEN JUDGE nkr