Shaji vs Shibu
2023 Latest Caselaw 8669 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                          MACA NO. 842 OF 2017
AGAINST THE AWARD DATED 05.11.2016 PASSED IN O.P(MV).1096/2014 OF
             MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA
APPELLANTS/PETITIONERS:

    1        SHAJI
             AGED 52 YEARS
             S/O. IYPE, CHETTIYAMKUDIYIL HOUSE,VANNAPPURAM,
             KALIYARPO., IDUKKI DISTRICT.

    2        LILLY SHAJI
             AGED 47 YEARS, W/O SHAJI, CHETTIYAMKUDIYIL HOUSE,
             VANNAPPURAM, KALIYAR PO., IDUKKI DISTRICT.

    3        ASWATHI
             AGED 23 YEARS, D/O. SHAJI, CHETTIYAMKUDIYIL HOUSE,
             VANNAPPURAM, KALIYAR PO., IDUKKI DISTRICT.

             BY ADVS.
             SRI.DILEEP VARGHESE
             SRI.K.K.KURUVILLA
             SMT.TESMY VARGHEESE



RESPONDENTS/RESPONDENTS:

    1        SHIBU
             S/O. POULOSE, THEKKINETH HOUSE,ALLAPRA KARA,VENGOLA
             PO., PERUMBAVOOR PIN-683556

    2        THE NEW INDIA INSURANCE CO.LTD
             A.M.ROAD, PERUMBAVOOR PIN-683542

             BY ADV.
             SRI.LAL K.JOSEPH


     THIS    MOTOR   ACCIDENT   CLAIMS       APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA NO. 842 OF 2017            2



                             JUDGMENT

It is a case wherein an young boy aged 18 years

succumbed to injuries in furtherance of a motor

vehicle accident. The father, mother and his elder

sister came up for getting compensation which was

answered by the Tribunal by awarding a total amount

of Rs.7,20,550/-. The petitioners came up highly

dissatisfied with the calculation adopted by the

Tribunal mainly on account of loss of estate wherein

only Rs.5,000/- was granted instead of Rs.15,000/-.

Hence it will stand modified to that extent. The

notional income is considered as Rs.5,000/- as

against the legal position settled in Sarla Verma v.

Delhi Transport Corporation [2010 (2) KLT 802]. The

deceased was taking tuition for SSLC students. The

notional income that can be adopted comes to

Rs.9,500/- since the accident happened in the year

2014. Evidence was tendered inorder to show the

income of the deceased by examining PW2, the father

of one of the students. Instead of assessing the

notional income at Rs.9,500/- only Rs.5,000/- was

accepted by calculating annual income as

Rs.60,000/-. Hence, the same will stand modified by

applying Rs.9,500/- as notional income. On account

of future prospects, based on the decision rendered

by the apex court in Sarla Verma's case, 40% can be

granted with a reduction of 50% on account of

personal and living expenses of deceased. An amount

of Rs.25,000/- was granted for funeral expenses

though the petitioners are entitled only

Rs.15,000/-. Hence, the same will stand modified to

that extent. No amount was granted on account of

damage to cloth hence an amount of Rs.1,000/- can be

granted on that behalf. Regarding the loss of

consortium what is entitled by the party is at the

rate of Rs.40,000/- each to both the parents.

The other one is the sister an unmarried younger

sister. That may be the reason why the Tribunal

granted an amount of Rs.1,00,000/- by adding

Rs.20,000/- towards the love and affection to the

sister hence, it requires no modification. Hence the

compensation can be recalculated and reassessed as

follows:

  HEAD                        AMOUNT AWARDED

  Transport to Hospital       4050

  Damage to clothing          1000

  Medical expenses            21500

  Funeral expenses            15000

  Pain and Suffering          25000

  Loss of Estate              15000

  Loss of Dependency          1436400 (9500 x 40% x
                              ½ x 12 x 18)

  Loss of Love and            1,00,000/-
  affection

  TOTAL                       Rs.16,17,950/- (Rupees
                              Sixteen Lakhs
                              Seventeen Thousand
                              Nine Hundred and Fifty
                              only)

This MACA will stand allowed accordingly and it

will carry interest at the rate ordered by the

Tribunal.

Sd/-

P.SOMARAJAN JUDGE

LEK