Kerala High Court
Santhosh vs Reliance General Insurance Company on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
MACA NO. 176 OF 2019
AGAINST THE AWARD DATED 15.12.2017 IN O.P (MV) NO.506 OF 2015 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR
APPELLANTS/PETITIONERS :-
1 SANTHOSH, AGED 55 YEARS
S/O.KUMARAN,ILLATHPADAMKATTIPARAMBIL,
NENDOOR, VADAKKEKARA.
2 MANI, W/O.SANTHOSH, ILLATHPADAMKATTIPARAMBIL,
NEENDOOR, VADAKKEKARA
BY ADV A.N.SANTHOSH
RESPONDENTS/3RD RESPONDENT :-
1 RELIANCE GENERAL INSURANCE COMPANY
XL/3599,4TH FLOOR,ELIZABETH ALEXANDER MEMORIAL
BUILDING,SHANMUGHAM ROAD,KOCHI-682031.
*2 ADDL R2 & R3 ARE IMPLEADED :-
JAYAN, S/O SANKARANARAYANAN, THARAYIL HOUSE,.
MATHILAKOM, KOOLIMATTOM P.O., KODUNGALLUR
3 RENJITH, S/O SASI, PULIPARAMBIL HOUSE, VEMBALLOOR
P.O., S.N PURAM, KODUNGALLUR
*ADDITIONAL RESPONDENTS 2 AND 3 ARE IMPLEADED AS PER
ORDER DATED 11/1/19 IN IA 1/18
BY ADVS.
SRI.GEORGE CHERIAN (SR.)
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN - SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 176 OF 2019
2
JUDGMENT
This appeal is filed by the claimants in O.P (MV) No.506 of
2015 on the file of the Motor Accidents Claims Tribunal,
N.Paravur. The respondents herein are the respondents before
the tribunal.
2. According to the appellants/claimants, on
20.05.2015 at about 01.00 pm, while the deceased was
travelling as a pillion rider on a motorcycle bearing Registration
No.KL-7-U-3981 through Paravur-Moothakunnam road, a bus
bearing Registration No.KL-2-U-4140 came in a rash and
negligent manner and hit against the motorcycle. As a result of
the accident, the deceased sustained serious injuries.
Immediately after the accident, the deceased was taken to
Hospital and the deceased succumbed to the injuries on the
way to hospital. The appellants approached the tribunal
claiming a total compensation of Rs.15,00,000/-.
3. The 3rd respondent insurer filed a written statement,
admitting the policy, but disputing the quantum of
MACA NO. 176 OF 2019
compensation claimed. Before the tribunal, no oral evidence
was adduced on either side. Exts.A1 to A7 were marked on the
side of the appellants and no documentary evidence was
marked on the side of the respondents. The tribunal, after
analysing the pleadings and materials on record, awarded a
sum of 6,17,000/- as compensation under different heads with
interest @9% per annum from the date of petition till
realization, against the respondent being the insurer.
Dissatisfied with the quantum of compensation awarded by the
tribunal, the claimant has come up in appeal.
4. Heard the learned counsel for the appellant and the
learned Standing Counsel for the respondent insurer.
5. The learned counsel for the appellants claim
enhancement mainly under the following heads:
Income/notional income :- The tribunal has fixed
Rs.30,000/- annually on a notional basis, which is Rs. 2,500/-
per month. The learned counsel for the appellants submitted
that the deceased was a computer student and had undergone
a course in computer applications. Though the total claim of the
appellants was Rs. 15,00,000, the tribunal had awarded only an
MACA NO. 176 OF 2019
amount of Rs.6,17,000/- as total compensation calculating the
income as Rs. 2,500/- per month. Considering the fact that the
deceased was aged only 16 years and was a computer student,
I find that an amount of Rs.6,000/- can be fixed as his monthly
notional income.
Loss of dependency :- Since the notional income has
been fixed at Rs. 6,000/-, with 30% future prospects, the
compensation under the afore head has to be recalculated. The
learned counsel for the appellants submitted that the deceased
was aged 16 years at the time of accident. The Date of Birth of
the deceased in the copy of the school leaving certificate
handed over to me, is 11.08.1998. As per the afore certificate,
the age of the deceased at the time of death was 16 years.
Admittedly, the multiplier to be applied is '18'. Therefore, the
compensation payable under the head is recalculated thus:-
Rs.8,42,400/- (7,800x12x18x1/2). The tribunal has already
awarded Rs.5,75,000/- and therefore, there will be an additional
amount of Rs.2,67,400/-.
Loss of consortium :- The learned counsel also
submitted that no compensation was paid towards loss of
MACA NO. 176 OF 2019
consortium. It is seen that parents of the deceased were alive
and therefore, they are entitled for Rs.40,000/- each under the
head loss of consortium. Accordingly, I am inclined to grant
Rs.80,000/- towards the head loss of consortium.
6. The appellants have also sought enhancement under
the other heads. On a perusal of the award passed by the
tribunal, I am of the opinion that the compensation paid under
the other heads is just and reasonable. Therefore, I am not
inclined to interfere with the award of the tribunal under the
other heads.
7. Thus, the impugned award of the tribunal is modified
as follows :-
Sl. Head of Amount Amount Modified Total
No. Claim claimed awarded in appeal compensation
by the
tribunal
1 Transport to 2,000 10,000 (not 10,000
hospital modified)
2 Damage to 1,000 2,000 (not 2,000
clothing and modified)
articles
3 Medical 50,00,000 Nil Nil Nil
expenses
4 Loss of 12,00,000 5,75,000 2,67,400 8,42,400
dependency
5 Funeral 40,000 15,000 (not 15,000
expenses modified)
6 Loss of estate Nil 15,000 (not 15,000
modified)
MACA NO. 176 OF 2019
7 Loss of love 1,00,000 Nil Nil Nil
and affection
8 Pain and 50,000 Nil Nil Nil
suffering
9 Loss of care, 1,00,000 Nil Nil Nil
company,
security etc
10 Compensation 1,00,000 Nil Nil Nil
for mental
agony
11 Bystander 2,000 Nil Nil Nil
expenses
12 Loss of Nil Nil 80,000 80,000
consortium
TOTAL 15,00,000 6,17,000 3,47,400 9,64,400
Accordingly, the appeal is allowed and the
appellant/claimant is awarded an additional compensation of
Rs.3,47,400/- (Rupees three lakhs forty seven thousand four
hundred only) over and above the compensation awarded by
the tribunal with interest @ 9% per annum from the date of
petition till realization and proportionate costs. The respondent
insurer shall deposit the said amount together with interest and
costs within a period of two months from the date of receipt of a
certified copy of this judgment. The claimant shall furnish
copies of the PAN Card, AADHAAR Card and bank details before
the respondent insurer within a period of one month so as to
enable the insurance company to make the deposit as ordered
MACA NO. 176 OF 2019
above. In case of failure to furnish details as above, it shall be
open for the insurance company to deposit the said amount
before the tribunal. Upon such deposit being made, the entire
amount shall be disbursed to the appellant at the earliest in
accordance with law. However, it is made clear that the
appellants shall not be entitled for the interest for the enhanced
compensation for the period of delay of 233 days.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SMA
