Kerala High Court
Khadeeja vs Ibrahim K on 11 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
MACA NO. 621 OF 2015
AGAINST THE award dated 29-09-2014 IN OPMV 709/2012 OF
ADDITIONAL MACT - III, KASARAGODE.
APPELLANTS/PETITIONERS :
1 KHADEEJA, AGED 58 YEARS,
W/O.LATE B.M.ABDULLA KUNHI, KOTTAKUNNIL HOUSE,
BEDRADKA PO, MOGRAL PUTHUR, KASARAGOD DISTRICT.
2 MUHAMMED MUSTAFFA, AGED 39 YEARS,
S/O.LATE B.M.ABDULLA KUNHI, KOTTAKUNNIL HOUSE,
BEDRADKA PO, MOGRAL PUTHUR, KASARAGOD DISTRICT
(REP. BY P.A.HOLDER FATHIMATH ZOHRA K.A.
PETITIONER NO.5 HEREIN)
3 TAHIR, AGED 38 YEARS,
S/O.LATE B.M.ABDULLA KUNHI, KOTTAKUNNIL HOUSE,
BEDRADKA PO, MOGRAL PUTHUR, KASARAGOD DISTRICT.
4 RAFEEQUE, AGED 36 YEARS,
W/O.LATE B.M.ABDULLA KUNHI, KOTTAKUNNIL HOUSE,
BEDRADKA PO, MOGRAL PUTHUR, KASARAGOD DISTRICT.
5 FATHIMATH ZOHRA K.A. FATHIMATH SUHARA @ SUHARA
AGED 35 YEARS, W/O.ABOOBACKER, MULLAMPADY HOUSE,
MATTHAMBAIL, ALAMPADY, KALLAKATTA PO,
KASARAGOD DISTRICT.
6 ZULAIKA, AGED 33 YEARS, W/O.ZUBAIR, KOLIYAD HOUSE,
PATAVANADUKAM, KALANAD PO, KASARAGOD DISTRICT.
7 SARAFUDEEN, AGED 32 YEARS,
W/O.LATE B.M.ABDULLA KUNHI, KOTTAKUNNIL HOUSE,
BEDRADKA PO, MOGRAL PUTHUR, KASARAGOD DISTRICT.
8 ZUBAIDA, AGED 27 YEARS, W/O.ANWAR, RAKEEB MANZIL,
S.P.NAGAR, ULIYATHADKA PO, KASARAGOD DISTRICT.
9 SUHAIL, AGED 22 YEARS,
W/O.LATE B.M.ABDULLA KUNHI, KOTTAKUNNIL HOUSE,
BEDRADKA PO, MOGRAL PUTHUR, KASARAGOD DISTRICT.
BY ADVS.SRI.K.P.HARISH & SRI.LIJIN JOSEPH.
M.A.C.A.No.621 of 2015
2
RESPONDENTS/RESPONDENTS :
1 IBRAHIM K, AGED 38 YEARS,
S/O.KUNHAMUTTY K., KOLOTH HOUSE,
TACHILAPPADY VAKKAYIL QUARTERS, P.O.ULLANAM,
NORTH PARAPPANANGADI, THIRURANGADI,
MALAPPURAM DISTRICT-676 303. (DRIVER OF THE
LORRY BEARING REG. NO.KL-04-X-3666)
2 SHIHAB, S/O.IBRAHIMKUTTY,
PAZHAYA KANDATHIL HOUSE, PARAPPANGADI POST AND
VILLAGE, THIRUR, MALAPPURAM DISTRICT-676 303. (RC
OWNER OF THE VEHICLE BEARING REG.NO.KL-04-X-3666)
3 THE BRANCH MANAGER,
ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD.,
SUNDARAM TOWRS, 45 & 46 WHITES ROAD,
CHENNAI-600 014, POLICY NO.VGCO125827000100
VALID FROM 7.11.2009 TO 6.11.2010.
BY ADVS.
R3 BY SRI.P.JACOB MATHEW
SRI.MATHEWS JACOB (SR.)
SMT.PREETHY R. NAIR.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.No.621 of 2015
3
JUDGMENT
Dated this the 11th day of March, 2022
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. Suggestions for settlement were put to the learned
Counsel appearing for the claimants and the learned
Standing Counsel for the Insurance Company. Both having
agreed to the suggestions made by this Court, the following
enhancement is made as per the tabulation below:
Sl. Head of Claim Amount awarded Total amount
No. by the Tribunal after
enhancement in
appeal
1 Transportation Expenses 5,000 5,000
2 Loss of Dependency 5,76,000 11,34,000
(10500x12x
18 x ½ )
3 Pain and Suffering 10,000 10,000
4 Funeral Expenses 10,000 15,000
5 Loss of estate 10,000 15,000
6 Medical expenses 5,000 5,000
7 Loss of love and affection 1,00,000 40,000 (Note)
8 Damage to clothing 2,000 2,000
Total 7,18,000/- 12,26,000
Amount enhanced - 12,26,000-7,18,000 = 5,08,000/-
Note: Learned counsel for the third
respondent/insurance company submitted that
M.A.C.A.No.621 of 2015
loss on account of consortium or in the
alternative, love and affection, can be granted
only to the extent of Rs.40,000/-, the
surviving legal heir being the mother of the
deceased. Siblings are not entitled to any
amount on account of loss of consortium.
Thus, according to the learned counsel, the
amount granted under that head has to be
reduced to Rs.40,000/-. The learned counsel for
the appellants has no objection in adopting the
said course. Accordingly, the amount under that
head is reduced to Rs.40,000/-.
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 given within
the time stipulated, it is made clear that no interest
M.A.C.A.No.621 of 2015
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/-
C.JAYACHANDRAN
JUDGE
NR/11/03/2022
