Kerala High Court
Murukeshan vs Rosamma Rappai 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. 1375 OF 2020
AGAINST THE AWARD DATED 28.11.2019IN OP[MV] NO.614/2017 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA
APPELLANTS/PETITIONERS:
1 MURUKESHAN, AGED 49 YEARS, S/O.NARAYANANKUTTY,
VENNARAPARAMBIL HOUSE, ANAPUZHA P.O, METHALA,
KODUNGALLUR, PIN-680 667.
2 SHEEBA, AGED 48 YEARS, W/O. MURUKESHAN,
VENNARAPARAMBIL HOUSE, ANAPUZHA P.O, METHALA,
KODUNGALLUR, PIN-680667.
3 ATHIRA, AGED 24 YEARS, D/O.MURUKESHAN,
VENNARAPARAMBIL HOUSE, ANAPUZHA P.O, METHALA,
KODUNGALLUR, PIN-680 667.
BY ADVS.
V.BINOY RAM
SRI.S.SIDHARDHAN
RESPONDENTS/RESPONDENTS:
1 ROSAMMA RAPPAI, W/O.RAPPAI,
THEKKINIYATH KUNJAMARA HOUSE, PERINCHERY P.O, OLLUR,
THRISSUR DISTRICT, PIN-680 306.
2 SARATH A.R, S/O.RANJITH, APPACHATH HOUSE, KOCHANGADI,
VADAKKUMPURAM P.O, MOOTHAKUNNAM, THRISSUR, PIN-683124.
3 THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD., NAKKARA COMPLEX,
TOWN HALL ROAD, IRINJALAKUDA P.O, PIN-680 121.
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.1375 of 2020 - 2 -
K.VINOD CHANDRAN, J.
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M.A.C.A.No.1375 OF 2020
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Dated, this the 2nd March, 2022
JUDGMENT
The appeal against the award of the Tribunal
is only on the quantum. After hearing the matter for
some time, based on the precedents, this Court was of
the opinion that enhancement can be granted only on
certain heads. Going by the decision in
Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Limited [(2011) 13 SCC 236], the
monthly income of a coolie is fixed at Rs.10,500/- in
the year 2016. The same can be adopted as the notional
income. Enhancement is made as per the tabulation
below:
Sl. Head of Claim Amount Total amount
No. awarded by after enhancement
the in appeal
Tribunal
1 Funeral expenses 15000 15000
2 Transportation expenses 5000 5000
3 Pain and suffering 15000 15000
4 Loss of dependency 1209600 1587600
[10500*140%*12*18*1/2]
5 Loss of consortium 120000 80000 (40000*2)
6 Loss of estate 15000 15000
Total 1379600 1717600
Amount enhanced = 1717600-1379600 = 338000
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 claimants 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
furnished 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 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
sp/02/03/2022
