Kerala High Court
Mercy Jacob @ Mercy Abraham vs Suresh Kumar.S on 6 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
MACA NO. 2369 OF 2013
AGAINST THE AWARD DATED 03.05.2013 IN OPMV NO.86 OF 2012 OF
ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM
APPELLANTS/PETITIONERS:
1 MERCY JACOB @ MERCY ABRAHAM
AGED 45 YEARS
WIDOW OF ABRAHAM MANI.
2 THARUN P. ABRAHAM
AGED 20 YEARS
S/O.LATE ABRAHAM MANI(BOTH ARE
RESIDING AT PARIYARATHIL HOUSE,
MALAM P.O., KOTTAYAM DISTRICT).
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
RESPONDENTS/RESPONDENTS:
1 SURESH KUMAR.S.
MANAGING PARTNER, M/S.PONNEES,
KSRTC JUNCTION, MAVELIKKARA,
ALAPPUZHA-690 101.
2 RATHESH PANICKKER K.S.
S/O.SUKUMARAN NAIR, RESIDING AT
PUTHUKKATTUCHIRA HOUSE,
THRIKKODITHANAM P.O.,
CHANGANACHERRY, PIN-686 105.
3 RELIANCE GENERAL INSURANCE
COMPANY LTD
XL-3599, FOURTH FLOOR, ELIZABETH
ALEXANDER MEMORIAL BUILDING,
SHANMUGHAM ROAD, MARINE DRIVE,
KOCHI-682 024.
BY ADVS.
K.M.SANAL
K.B.RAMANAND
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No.2369 of 2013 2
JUDGMENT
This appeal is at the instance of the claimants in OP(MV)
No.86 of 2012 on the file of Additional Motor Accidents Claims
Tribunal, Kottayam, impugning the award on the ground of
inadequacy of compensation.
2. On 21.09.2011 at 11.30 a.m, while Mr.Abraham Mani @
Sabu was driving a van through Changanassery bypass road,
KL-31/5567 tipper lorry driven by the 2nd respondent in a rash and
negligent manner, dashed against his van, and he sustained fatal
injuries. Though he was admitted and treated at St.Thomas
Hospital, Chethippuzha, he succumbed to the injuries on the same
day. He was a 48 year old driver earning monthly income of
Rs.9,000/- as on the date of accident. His legal heirs approached
the Tribunal claiming compensation of Rs.11,83,000/-. But,
learned Tribunal awarded only Rs.6,61,000/- and hence this
appeal.
3. 1st respondent was the owner, 2nd respondent was the
driver and 3rd respondent was the insurer of the offending tipper
lorry.
4. The 3rd respondent/insurer admitted the policy but
disputed the liability.
5. On analysing the facts and evidence adduced from either
side, learned Tribunal found that the accident occurred due to the
rash and negligent driving of the tipper lorry by the 2nd respondent,
and that vehicle was duly insured with the 3rd respondent during
the relevant period. So, the company was found liable to
indemnify the insured and thereby to compensate the claimants.
6. In the appeal, the 3rd respondent entered appearance
through counsel and submitted that the compensation awarded by
the Tribunal is just and reasonable and hence it needs no
modification.
7. Now this Court is called upon to find out whether there is
any illegality, irregularity or impropriety in the impugned Award
warranting interference by this Court.
8. Heard learned counsel for the appellants and learned
counsel for the 3rd respondent/insurer.
9. Learned counsel for the appellants would submit that,
deceased Abraham Mani was a driver by profession, earning
monthly income of Rs.9,000/-. Ext.A10 driving licence will show
that the deceased was having licence, to drive both transport and
non transport vehicles as on the date of accident. Ext.A11 salary
certificate issued from V.M Enterprises, Kottayam will show that the
actual salary of the deceased was only Rs.4,500/-, but including
driver's batta of Rs.550/- and other allowances of Rs.3,950/-, his
total monthly income was Rs.9,000/-. There is nothing to show
that, the deceased was entitled for other allowances every month,
so as to take it as a stable and regular income.
10. Relying on the decision Ramchandrappa vs. Manager,
Royal Sundaram Alliance Insurance Company Limited (AIR
2011 SC 2951), this Court is inclined to fix the notional income of
the deceased @ Rs.8,000/-, as the accident was in the year 2011.
Since he was aged 48 and self employed, 25% addition can be
given towards future prospects. So, his income could be taken as
Rs.10,000/- (8,000+25%). Since he was having two dependents,
1/3rd has to be deducted towards his personal expenses. So, the
balance would be Rs.6,667/-. Applying the multiplier of 13,
compensation for loss of dependency could be re-assessed as
Rs.10,40,052/- (6667x12x13). After deducting Rs.6,08,400/-
already awarded by the Tribunal, the appellants are entitled to get
Rs.4,31,652/- as enhanced compensation under the head loss of
dependency.
11. Towards funeral expenses, learned Tribunal awarded only
Rs.3,000/- and towards loss of estate, only Rs.7,500/-. As per the
decision National Insurance Company Ltd. v. Pranay Sethi
and others [(2017) 16 SCC 680], the appellants are entitled
to get Rs.15,000/- each towards funeral expenses and loss of
estate. So, they will get the balance amount of Rs.12,000/-
towards funeral expenses and Rs.7,500/- towards loss of estate as
enhancement under those heads.
12. Learned Tribunal awarded Rs.40,000/- in total, towards
loss of consortium to the 1st appellant and loss of love and affection
to the 2nd appellant. Relying on Pranay Sethi's case cited supra,
the appellants, who are the wife and son of the deceased, are
entitled to get Rs.40,000/- each under the head loss of consortium
which will come to Rs.80,000/- in total. After deducting
Rs.40,000/- already awarded by the Tribunal, they will get the
balance amount of Rs.40,000/- as enhanced compensation under
the head loss of consortium.
13. The compensation awarded under all other heads seems
to be reasonable and so it need not be interfered with.
Amount Amount awarded Difference to be
Head of claim awarded by in appeal drawn as
the Tribunal enhanced
compensation
(1) (2) (3) (4)
Loss of dependency Rs.6,08,400/- Rs.10,40,052/- Rs.4,31,652/-
Funeral expenses Rs.3,000/- Rs.15,000/- Rs.12,000/-
Loss of estate Rs.7,500/- Rs.15,000/- Rs.7,500/-
Loss of consortium/ Rs.20,000/-
Loss of love and Rs.80,000/- Rs.40,000/-
affection Rs.20,000/-
Total Rs.6,58,900/- Rs.11,50,052/- Rs.4,91,152/-
14. In the result, the appellants are entitled to get enhanced
compensation of Rs.4,91,152/- rounded to Rs.4,91,200/- (Rupees
Four lakh ninety one thousand two hundred only).
The 3rd respondent/insurer is directed to deposit the
enhanced compensation of Rs.4,91,200/- (Rupees Four lakh ninety
one thousand two hundred only) with interest @ 7.5% per annum
from the date of petition till the date of deposit (except 80 days of
delay in filing the appeal) before the Additional Motor Accidents
Claims Tribunal, Kottayam, within a period of two months from the
date of receipt of a copy of this judgment. Learned Tribunal shall
disburse that amount to appellants 1 and 2 in equal share, after
deducting their liabilities, if any, towards Tax, balance court fee and
legal benefit fund.
The appeal is allowed to the extent as above with
proportionate cost.
Sd/-
SOPHY THOMAS
JUDGE
smp
