Kerala High Court
Abdul Salam vs Abdul Gafoor on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TH
THURSDAY, THE 4
DAY OF APRIL 2024 / 15TH CHAITHRA,
1946
MACA NO. 1781 OF 2013
AGAINST THE AWARD DATED 24.10.2011 IN OP(MV) NO.303 OF 2011 OF
PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE.
APPELLANTS/PETITIONERS:
1
ABDUL SALAM, AGED 38 YEARS,
S/O. THARUVEYI, RESIDING AT KOLLARACKKAL HOUSE,
P.O.PARANNOOR(VIA), NARIKKUNI, KOZHIKODE.
2
LAILA,
AGED 34 YEARS,
W/O. ABDUL SALAM, RESIDING AT KOLLARACKKAL HOUSE,
P.O.PARANNOOR(VIA), NARIKKUNI, KOZHIKODE.
3
SABEELA (MINOR),
AGED 13 YEARS,
DATE OF BIRTH: 14.5.98, RESIDING AT KOLLARACKKAL HOUSE,
P.O.PARANNOOR(VIA), NARIKKUNI, KOZHIKODE.
4
ADIL MOHAMMED (MINOR),
AGED 3 YEARS,
DATE OF BIRTH: 11.7.2008, RESIDING AT KOLLARACKKAL HOUSE,
P.O.PARANNOOR(VIA), NARIKKUNI, KOZHIKODE. (MINOR ARE
REP.BY THEIR FATHER AND LEGAL GUARDIAN ABDUL SALAM).
Y ADVS.
B
SRI.V.S.CHANDRASEKHARAN
SRI.M.V.DAS
SMT.LEKSHMI SWAMINATHAN
MACA 1781 of 2013 2
RESPONDENTS/RESPONDENTS:
1
ABDUL GAFOOR,
AGED 34 YEARS,
S/O. MUHAMMED, RESIDING AT CHEVIDAN POYIL HOUSE,
THEKKUMTHOTTAM, KADAVOOR P.O., POONOOR, KOZHIKODE-673 573.
2
UNITED INDIA INSURANCE COMPANY LTD.,
KMO TOWER, MAIN ROAD, THAMARASSERY, KOZHIKODE-673 573.
Y ADVS.
B
SRI.K.A.SALIL NARAYANAN FOR R1
SMT.P.K.SANTHAMMA, SC, UNITED INDIA INSURANCE COMPANY LTD.
HIS
T MOTOR
ACCIDENT
CLAIMS
APPEAL HAVING BEEN
FINALLY
HEARD
ON
04.04.2024,
THE
COURT
ON
THE
SAME
DAY
DELIVERED
THE
FOLLOWING:
MACA 1781 of 2013 3
J U D G M E N T
This appeal is at the instance of the legal heirs of
deceased Muhammed Shadil, an 8 year old boy, who lost his
lifeinaroadtrafficaccident. TheyfiledOP(MV)No.303of2011
before the Principal Motor Accidents Claims Tribunal,
Kozhikode, claiming compensation of Rs.4,20,000/-. But the
Tribunal awarded only Rs.1,56,000/-. Hence this appeal.
2. The accident occurred on 09.12.2010 at 4.30 p.m.,
while the deceased boy was knocked down by KL-18/B-4345
motorcycle driven by the 1st respondent, in a rash and
negligent manner, while he was walking through
Nanmanda-Narikuni road. He sustained fatal injuries and on
the date of accident itself, he succumbed to the injuries.
3. The 1st respondent was the owner-cum-rider of the
offending motorcycle and 2nd respondent was its Insurer. The
2nd respondent-Insurer admitted the policy.
4. Heard learned counsel for the appellants and learned
counsel for the 2nd respondent-Insurer.
MACA 1781 of 2013 4
5. Learned counsel for the appellants would submit that,
an 8 year old boy lost his life in the road traffic accident
occurred due to therashandnegligentridingofKL-18/B-4345
motorcycle ridden by the 1st respondent. The compensation
awarded by the Tribunal is arbitrarily low. He isrelyingonthe
decision Kishan Gopal and another v. Lala and Others
[2013 KHC 4667] to say thattheappellantswereentitledto
get compensation of Rs.5,00,000/-. In Kishan Gopal's case
cited supra, the deceased boy was aged 10 years. The Apex
Court observed that if the deceased boy had been alive, he
would have certainly contributed substantially tothefamilyby
workinghard.Asthedeceasedboywas10yearsold,assisting
parents in their agricultural operations, it was held just and
reasonable to take his notional income @ Rs.30,000 per
annum. Relying on that decision, this Court is inclined to take
the notional income of the deceased boy @ Rs.30,000/- per
annum. The multiplier applicable is 15. So, the compensation
for loss of dependency could be assessed as Rs.4,50,000/-.
MACA 1781 of 2013 5
Under conventional heads Rs.50,000/- alsoistobeallowedas
per Kishan Gopal's case cited supra. So, the appellants are
entitled to get Rs.5,00,000/- as compensationonthedeathof
the boy Muhammed Shadil. The Tribunal awarded
Rs.1,56,000/-.Afterdeductingthatamount,theappellantsare
entitled to get Rs.3,44,000/-.
6. The 2nd respondent-Insurer is directed to deposit the
awardamountofRs.3,44,000/-(RupeesThreeLakhFortyFour
Thousandonly)intheBankaccountoftheappellants1to4,in
the ratio 40:40:10:10, with interest @ 7% per annum, from
thedateofpetitiontillthedateofdeposit,(excluding559days
of delay in filingtheappeal),withintwomonthsfromthedate
of receipt of a copy of this judgment. The share of the 4th
appellant-minor shall be deposited in his name as fixed
deposit,tillheattainstheageofmajority.Thedepositmustbe
in terms of the directives issued by thisCourtinCircularNo.3
of 2019 dated 06/09/2019 and clarified in O.M.No.D1/
62475/2016dated07/11/2019afterdeductingtheliabilities,if
MACA 1781 of 2013 6
any, oftheappellantstowardsTax,balancecourtfeeandlegal
benefit fund.
The appeal is allowed to the extent as above, and no
order is made as to costs.
Sd/-
SOPHY THOMAS
JUDGE
DSV/-
