Kerala High Court
Fathima vs Asif T.V on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
MACA NO. 4101 OF 2016
AGAINST THE JUDGMENT IN OPMV 876/2014 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL TIRUR
APPELLANTS:
1 FATHIMA
W/O. LATE MOOSAKUTTY, RESIDING AT 62 YEARS,RESIDING AT
PANICCHAKATHEYIL HOUSE, MARANCHERY, MALAPPURAM DISTRICT
2 NAVAF
S/O. LATE MOOSAKUTTY, AGED 31 YEARSRESIDING AT
PANICCHAKATHEYIL HOUSE, MARANCHERY, MALAPPURAM DISTRICT
3 NIYAF
S/O. LATE MOOSAKUTTY, AGED 26 YEARS,RESIDING AT
PANICCHAKATHEYIL HOUSE, MARANCHERY, MALAPPURAM DISTRICT
4 NASIM
S/O. LATE MOOSAKUTTY, AGED 25 YEARS,RESIDING AT
PANICCHAKATHEYIL HOUSE, MARANCHERY, MALAPPURAM DISTRICT
5 NOUFARA
D/O. LATE MOOSAKUTTY, AGED 38 YEARSRESIDING AT
PANICCHAKATHEYIL HOUSE, MARANCHERY, MALAPPURAM DISTRICT
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
RESPONDENTS:
1 ASIF T.V
S/O. ALI T.V, RESIDING AT THAIVALAPPIL HOUSECHANA ROAD,
PONNANI, MALAPPURAM 679 577
2 BHARATHAN P
S/O. KRISHNAN, RESIDING AT POOLAKAVIL HOUSE, ANAKKARA,
PALAKKAD 679 551
3 THE NEW INDIA ASSURANCE COMPANY LIMITED
MICRO OFFICE, EDAPPAL,MALAPPURAM 679 576
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No.4101/2016 2
K.VINOD CHANDRAN, J
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M.A.C.A No.4101 of 2016
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Dated this the 2nd March, 2022
JUDGMENT
The appellants are the legal heirs of the deceased
who died in a motor vehicle accident. The appeal is for
enhancement of compensation.
2. The Tribunal had taken the notional income at
Rs.4,000/- for a 69 year old man, whose employment was
stated to be Agriculturist. As per Ramachandrappa v.
Manager, Royal Sundaram Alliance Insurance Company
Limited [(2011) 13 SCC 236], even a coolie is entitled
to notional income of Rs.9,500/- per month in the
year 2014. As far as loss of consortium is concerned,
which is determined at Rs.40,000/- each, the Tribunal
has already granted Rs.1,00,000/- each under the head
loss of consortium and loss of love and affection.
This would take in loss of consortium for all the legal
heirs. Under the heads, loss of estate and funeral
expenses Rs.10,000/- each has to be reduced. The
Tribunal had adopted one half for personal expenses.
Learned counsel points out that there are decisions to
establish that even a married daughter would be
entitled to be called a dependent. Further, the 4th
appellant is an unemployed 23 year old daughter.
Taking the over all circumstances, this Court is of the
opinion that the amount awarded for personal expenses
shall be reduced. The following enhancement is made as
per the tabulation below:
Sl. Head of Claim Amount Total amount after
No. awarded by enhancement in appeal
the Tribunal `
`
1 Loss of earnings(total) - 1,400 -
2 Loss of earning (partial) Nil Nil
3 Medical, miscellaneous & 2,80,865.46 2,80,865.46
bystander expenses
4 Future treatment Nil NIl
5 Bystander expenses 2,000 2,000
6 Transporation expenses 10,000 10,000
7 Extra nourishment 2,500 2,500
9 Pain and suffering 10,000 10,000
10 Loss of dependency 1,60,020 3,80,000(9500 X 12 X
5 X 2/3)
11 Loss of consortium 1,00,000 2,00,000
12 Loss of love and affection 1,00,000 -
13 Loss of estate 25,000 15,000
14 Compensation towards permanent Nil Nil
disability & loss of earning
power
15 Compensation for loss of Nil Nil
amenities
16 Any other heads:-Loss of Nil Nil
earning power
Funeral expenses 25,000 15,000
Total Rs.7,17,535.46 Rs. 9,16,115.46
Amount enhanced =Rs.9,16,115.46 - Rs.7,17,535.46 = Rs.1,98,580/-
3. 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 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
Lgk
