The Manager vs Ammed
2023 Latest Caselaw 7335 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
        THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  TUESDAY, THE 27TH DAY OF JUNE 2023/6TH ASHADHA, 1945
                    RP NO.564 OF 2023
  AGAINST THE ORDER/JUDGMENT IN MACA 2838/2009 OF HIGH
                     COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT:

         THE MANAGER,
         NEW INDIA ASSURANCE COMPANY LIMITED,
         ERNAKULAM DISTRICT., PIN - 682011.

         BY ADV. SRI.P.K.BABU


RESPONDENTS/APPELLANTS & RESPONDENTS 1,2,4 & 5:

    1    AMMED, AGED 63 YEARS, S/O.ABDULLA,
         KANIYANKANDY HOUSE, THARUVANA P.O,
         WAYANAD DISTRICT., PIN - 670645.

    2    AMINA, AGED 54 YEARS, W/O.AMMED,
         KANIYANKANDY HOUSE, THARUVANA P.O.,
         WAYANAD DISTRICT., PIN - 670645.

    3    RASHEED, AGED 34 YEARS, S/O.AMMED,
         KANIYANKANDY HOUSE, THARUVANA P.O,
         WAYANAD DISTRICT., PIN - 670645.

    4    SABIRA, AGED 32 YEARS, D/O. AMMED,
         W/O.IBRAHIM, VALLIYATH HOUSE, ANJAMPEEDIKA,
         VALERI POST, WAYANAD DISTRICT, PIN - 670645.

    5    ABDULLA, AGED 24 YEARS, S/O.AMMED,
         KANIYANKANDY HOUSE, THARUVANA P.O,
         WAYANAD DISTRICT, PIN - 670645.

    6    ASHIQUE, AGED 21 YEARS, S/O.AMMED,
         KANIYANKANDY HOUSE, THARUVANA P.O,
         WAYANAD DISTRICT., PIN - 670645.

    7    AJAYAKUMAR, AGED 36 YEARS, S/O.K.V.RAVI,
         KUNNUMPURATH HOUSE, PALVELICHEM, PAYYAMPALLY,
         WAYANAD DISTRICT., PIN - 670646.
 R.P.No.564 of 2023
      in
M.A.C.A.No.2838 of 2009      ..2..




     8      A.E. PHILOPOSE, AGE AND FATHERS NAME NOT KNOWN,
            INCHIKALAYIL HOUSE, NADAVAYAL POST,
            WAYANAD DISTRICT., PIN - 670721.

     9      C.H.NAVAS, AGED 28 YEARS, S/O.MOIDUTTY,
            CHATHOTH HOUSE, THARUVANA POST, 7TH MILE,
            MANANTHAVADY, WAYANAD DISTRICT, PIN - 670645.

    10      ABDULLA, AGE NOT KNOWN, S/O.AMMED,
            KOITHIKANDY HOUSE, KANIYAMPATTA POST,
            WAYANAD DISTRICT, PIN - 673121.

         THIS   REVIEW    PETITION   HAVING   COME   UP   FOR
ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 R.P.No.564 of 2023
      in
M.A.C.A.No.2838 of 2009       ..3..




                     C.JAYACHANDRAN, J.
             -------------------------------------------
                        R.P.No.564 of 2023
                                 in
                    M.A.C.A. No.2838 of 2009
             -------------------------------------------
             Dated this the 27th day of June, 2023

                              ORDER

The Motor Accident Claims Appeal above referred was

disposed of by this Court as per judgment dated 10.03.2023,

as per which, the appeal was allowed granting enhancement of

the compensation amount.

2. The present review is preferred by the 3rd

respondent in the above appeal, confined to one ground that

the deduction of personal expenses afforded by this Court in

the judgment under review (at paragraph no.3) to the extent

of ¼th of the income, on the premise that the family of the

deceased consists of six members is erroneous, in as much as,

the deceased was an unmarried person. 50% of the total

income is liable to be deducted towards personal expenses is

the review petitioner's contention.

3. Sri.N.J.Antony, the learned counsel for the R.P.No.564 of 2023 in M.A.C.A.No.2838 of 2009 ..4..

respondents in the Review Petition (appellants in the appeal),

submitted that the proposition canvassed by the review

petitioner is correct and the respondents have no objection to

the same, going by the judgment in Sarla Verma v. Delhi

Transport Corporation [2010(2) KLT 802(SC)].

4. In this circumstances, this Review Petition is allowed

and the amount to be deducted on account of personal

expenses is corrected and modified as 50%. Accordingly, the

compensation amount payable to the appellants in the appeal

(claimants in the Original Petition) is reworked and indicated in

the tabular statement shown herein below:

                                          Amount         Total amount after
       Sl.                             awarded by the     enhancement in
                 Head of Claim
       No.                                Tribunal             appeal
                                           (Rs.)                (Rs.)

          1   Transport to hospital             1,000                 2,000
          2   Funeral expenses                  3,000               16,500
          3   Love and affection               40,000                    Nil
          4   Dependency                      2,85,600           *6,04,800
          5   Loss of estate                        --              16,500
          6   Consortium                            --              88,000
          7   Damage to clothes                     -                 1,000
              Total                           3,29,600            7,28,800

Amount enhanced = Rs.3,99,200/- (Rupees Three lakhs ninety nine thousand and two hundred only) *(4000+40/100)x12x18x50% =Rs.6,04,800/-) R.P.No.564 of 2023 in M.A.C.A.No.2838 of 2009 ..5..

In all other respects, the judgment dated 10.03.2023 in

M.A.C.A. No.2838/2009 will remain intact.

The Review Petition will stand allowed as indicated above.

Sd/-

C.JAYACHANDRAN, JUDGE

ww R.P.No.564 of 2023 in M.A.C.A.No.2838 of 2009 ..6..

APPENDIX OF RP 564/2023

PETITIONER'S ANNEXURE:

ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 10/03/2023 IN MACA NO.2838/2009.