Kerala High Court
Rema V vs The New India Assurance Company ... 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. 2622 OF 2019
AGAINST THE AWARD DATED 12.04.2018 IN OP(MV) NO.735/2017 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, PALAKKAD
APPELLANTS/PETITIONERS:
1 REMA V., AGED 46 YEARS, W/O.LATE ARAVINDAKSHAN A.
2 ARSHA ARAVIND A., AGED 20 YEARS, D/O.A.K.ARAVINDAKSHAN.
3 VARSHA ARAVIND A. (MINOR), AGED 8 YEARS
D/O.ARAVINDAKSHAN
4 LISHA A. [MINOR], AGED 15 YEARS, D/O.ARAVINDAKSHAN
[APPELLANTS 3 & 4 ARE REPRESENTED BY GUARDIAN AND
MOTHER 1ST APPELLANT REMA V.
APPELLANTS ARE RESIDING AT AMOORPADAM HOUSE, ERIMAYOOR,
ALATHUR TALUK, PALAKKAD DISTRICT.
BY ADV.BABY MATHEW
RESPONDENT/RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LIMITED
1215, 12TH FLOOR, NAURANG HOUSE, 21 KASTURBA GANDHI
MARG, NEW DELHI (INSURER OF CAR REG NO. KL-08/AZ-3046)
(POLICY NO 31260031150103412335)
(VALID FROM 28/12/2015 TO 27/12/2016).
COMMUNICATION ADDRESS
NEW INDIA ASSURANCE CO.LTD, N.S.TOWER,
NEAR STADIUM BUS STAND, PALAKKAD TOWN, PALAKKAD, KERALA
BY ADV SRI.RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.2622 OF 2019 2
K.VINOD CHANDRAN, J.
--------------------------
M.A.C.A.No.2622 OF 2019
-------------------------------
Dated this the 2nd March, 2022
JUDGMENT
The wife and three children of the deceased in
a motor vehicle accident are before this Court claiming
compensation for the death of the husband of the 1 st
appellant, who was 50 years old when the accident
occurred in 2016. The Tribunal awarded Rs.8,750/- as the
monthly income. There was no evidence produced to prove
the employment or the monthly income. Even 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 Rs.10,500/- in 2016.
The same can be adopted as the notional income. The
loss of consortium is due at Rs.1,60,000/- at the rate
of Rs.40,000/- for each dependent. In that circumstance,
the loss of love and affection has to be deleted
completely. There can be no compensation for pain and
suffering, especially since the death occurred
instantaneously. Rs.15,000/- on that count will stand
deleted. 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 Transportation Expenses 5000 5000
2 Damage to clothing and 1000 1000
article
3 Treatment Expenses 103000 103000
4 Funeral expenses 15000 15000
5 Compensation for loss of 15000 15000
estate
6 Loss of consortium 40000 160000
[Rs.40000/- for each
dependents]
7 Compensation for pain and 15000 Deleted
suffering
8 Loss of love and affection 100000 Deleted
9 Compensation for loss of 1023750 1535625
dependency [10500x125%x3/4x13x12]
Total 1317750 1834625
Total compensation = 1834625-1317750=516875
2. The share of the 4th appellant, who is still
a minor, shall be converted to a Fixed Deposit in a
Nationalised Bank for a period of one year, which shall
stand extended periodically till she attains majority.
If the parent requires the said amount for the welfare
of the minor child, then the 1st appellant would be
entitled to seek such relief from the Tribunal, which
the Tribunal would consider on the contentions raised
before it.
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. Since there
was a delay of 299 days in filing the appeal, interest
for the enhanced quantum would not run for the said
period. 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 shall run at the rate ordered by the Tribunal.
The appeal is allowed to the above extent.
Sd/-
K.VINOD CHANDRAN, JUDGE
sp/02/03/2022
