Kerala High Court
Jikky And Another vs V.Raman And Others on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
MACA NO. 127 OF 2010
AGAINST THE ORDER/JUDGMENT DATED 17.07.2008 IN OPMV NO.578 OF 2004
OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANTS/PETITIONERS:
1 JIKKY, W/O LATE SURESH KUMAR,
THAYVALLIYIL HOUSE, KOOLIMUTTOM P.O., THRISSUR
DISTRICT.
2 SACHIN (MINOR) S/O.LATE SURSH KUMAR
(REPRSENTED BY GUARDIAN MOTHER, RESIDING AT -DO-)
BY ADVS.
SRI. A.R.NIMOD
SRI.T.C.SURESH MENON
RESPONDENTS/RESPONDENTS:
1 V.RAMAN, 'RAGAM' 31-MAITHRI NAGAR,
VADUTHALA, COCHIN-682 023.
2 RAMESH, S/O.V.RAMAN,
'RAGAM' 31-MAITHRI NAGAR, VADUTHALA, COCHIN-682 023.
3 THE ORIENTAL INSURANCE CO.LTD.
D.A.BRANCH NORTH FORT GATE, THRIPPUNITHARA-682 301.
BY ADV.
FOR R3 BY SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 16.01.2024, THE COURT ON 03.04.2024 DELIVERED THE FOLLOWING:
MACA No.127 of 2010 2
JUDGMENT
The appellants herein are the petitioners in OP(MV)
No.578/2004 on the file of the Motor Accidents Claims Tribunal,
Irinjalakuda. The said claim petition was submitted by them seeking
compensation for the death of one Sourav, a minor aged 5 years,
due to the injuries sustained in a motor accident that occurred on
9.9.2003. According to the appellants, the accident occurred when
Sourav was standing near the road along with his parents, a car
bearing registration No.KL7/C-4035 driven by the 2nd respondent in
a rash and negligent manner hit them, thereby causing serious
injuries. Later, the said Sourav and his father succumbed to the
injuries. The 1st respondent was the owner of the car and it was
insured with the 3rd respondent. The claim petition was submitted in
such circumstances.
2. The respondents 1 and 2 did not contest the matter and
accordingly they were set ex parte. The 3rd respondent filed a
written statement admitting the insurance coverage of the offending
vehicle but disputed the liability on various grounds. The quantum of
compensation was also disputed by them. The said claim petition
was tried along with OP(MV) No. 580/2004.
3. The evidence in these cases consists of oral testimonies
of PWs.1 and 2 and Exhibits A1 to A15 were marked. After the trial,
the Tribunal came to the conclusion that, the accident occurred due
to the negligence on the part of the 2nd respondent in driving the car
and being the insurer, the 3rd respondent was held liable to pay the
compensation. The quantum of compensation was fixed as
Rs.1,48,000/-. The said amount was directed to be deposited with
interest at the rate of 7% per annum from the date of petition till
realization with proportionate costs. This appeal is submitted by the
appellants being dissatisfied with the quantum of compensation.
4. Heard Sri. Nimod A.R, the learned counsel for the
appellants and Sri.P.Jacob Mathew, the learned counsel appearing
for the 3rd respondent-Insurer.
5. The only question that arises for consideration is whether
any enhancement of compensation is warranted in this case. As
mentioned above, the deceased was a minor boy, aged 5 years, at
the time of the accident. The question relating to the assessment of
compensation for the minor children was considered in various
decisions rendered by this Court and the Hon'ble Supreme Court.
In National Insurance Company Ltd. v. V.Assainar [ 2019(4) KLT 39],
this Court formulated a method of computation in respect of children
aged below 6 years. As per the same, the compensation to be
awarded for loss of dependency has to be equal to the amount of
compensation to be determined under Section 163A of the Motor
Vehicles Act and the same was reckoned as Rs.2,40,000/- for the
year, 1994. Taking note of the fall in money value and the impact of
inflation, a progressive addition of Rs.12,000/- per year was
contemplated in the said decision until the year, 2018, the year on
which Section 163A was amended. Rs 12,000/- was computed, on
the basis of the cost inflation index.
6. However in a recent decision rendered by Hon'ble
Supreme Court in Kuruvan Ansari v. Shyam Kishore Murmu [2022
ACJ 166 (SC)] in respect of the death of a boy aged 7 years, the
Hon'ble Supreme Court was pleased to calculate the compensation
by taking the annual income of the deceased as Rs.25,000/- and by
applying the multiplier of 15. In Kuruvan Ansari's case (supra), the
accident occurred on 6.9.2004 and the accident in this case
occurred in the year 2003. In such circumstances, I am of the view
that, the method of computation contemplated under Kuruvan
Ansari's case (supra) is more profitable for the appellants and the
accident in that case also was proximate to the date of accident in
this case. Moreover, there is not much difference in the age of the
victims in both the said cases. Therefore, l am of the view that, the
method of computation as contemplated under Kuruvan Ansari's
case (supra) can be accepted. It is to be noted that, the said
decision was rendered by the Hon'ble Supreme Court after referring
to a large number of decisions including, R.K.Malik & Anr. v. Kiranpal
& Ors. [2009 ACJ 1924 (SC)], Kishan Gopal & Anr. v. Lala & Ors.
[2013 ACJ 2594(SC)], Puttamma & Others v. K.L.Narayana Reddy
and Another [2014 ACJ 526(SC)] and Rajendra Singh & Ors. v.
National Insurance Company Limited and Others [2020 ACJ 2211].
Thus, the total compensation was determined in the following
manner:
i) Loss of dependency Rs.3,75,000/- (25,000 x 15)
ii) Loss of filial consortium Rs.40,000/-
iii) Funeral expenses Rs.15,000/-
------------------
Rs. 4,30,000
===========
In the result, this appeal is allowed, the award passed by
the Motor Accidents Claims Tribunal, Irinjalakuda in OP(MV)
No.578/2004 is hereby modified by re-assessing the compensation
as Rs.4,30,000/-(Rupees Four Lakhs and Thirty thousand only)
instead of Rs.1,48,000/- assessed by the Tribunal and the said
amount shall be deposited by the 3rd respondent within a period of
two months from the date of receipt of copy of this judgment with
interest at the rate of 7.5% from the date of petition till realization.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
