Kerala High Court
Praveen vs Sunny George 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. 2736 OF 2019
AGAINST THE AWARD DATED 05.02.2019 IN OPMV NO.597 OF 2017 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA
APPELLANTS/PETITIONERS 1 TO 3 :-
1 PRAVEEN, S/O PARAMESWARAN, ANAKUTHIYIL HOUSE,
MEKKADAMPU, VALAKOM VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 682 316
2 NAVAMI, D/O PRAVEEN, (MINOR), ANAKUTHIYIL HOUSE,
MEKKADAMPU, VALAKOM VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 682 316. REPRESENTED BY
FATHER PRAVEEN, S/O PARAMESWARAN, ANAKUTHIYIL HOUSE,
MEKKADAMPU, VALAKOM VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 682 316
3 VIJAYAKUMARI, W/O RAJAN, PAMADATHU HOUSE, NEDUMBASSERY
P.O., SOUTH KAPRASSERY, CHENGAMANADU VILLAGE, ALUVA
TALUK, ERNAKULAM, ERNAKULAM DIST., PIN - 683 585
BY ADVS.
T.K.KOSHY
SMT.V.V.RISANI
RESPONDENTS/RESPONDENTS 1 & 2 :-
1 SUNNY GEORGE, S/O. GEORGE, NOW RESIDING AT EDATTEL
HOUSE, MANJAMMAKKITHADAM BHAGOM, PANDAPPILLY,
ARAKKUZHA VILLAGE, MUVATTUPUZHA TALUK, FROM
EDAPPAZHATHIL HOUSE, PUNNEKKADU, KEERAMPARA VILLAGE,
KOTHAMANGALAM TALUK, ERNAKULAM DIST., PIN - 686 672
2 HDFC ERGO GENERAL INSURANCE CO./LTD.,
1ST FLOOR, 165-166, BACKBAY RECLAMATION, H.T.PAREKH
MARG. CHURCHGATE, MUMBAI, MAHARASHTRA, PIN - 400 020
BY ADVS.
SMT.V.O.PHILOMINA
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. 2736 OF 2019
2
JUDGMENT
This appeal is filed by the claimants in O.P (MV) No.597 of
2017 on the file of the Motor Accidents Claims Tribunal,
Muvattupuzha. The respondents herein are the respondents
before the tribunal.
2. According to the appellants/claimants, on 03.12.2016
at about 9.25 pm, while the deceased was walking along the
northern road margin of the Muvattupuzha - Ernakulam N.H, she
was hit down by a car driven rashly and negligently by the 1 st
respondent. Though the deceased was rushed to the nearest
hospital, she succumbed to her injuries on the way. The
appellants approached the tribunal claiming a total
compensation of Rs.33,50,000/-
3. The respondent insurer filed a written statement,
admitting the policy, but disputing the quantum of
compensation claimed. Before the tribunal, no oral evidence was
adduced on either side. Exts.A1 to A14 were marked on the side
of the appellants/claimants and no evidence was marked on the
MACA NO. 2736 OF 2019
side of the respondents. The tribunal, after analysing the
pleadings and materials on record, awarded a sum of
Rs.18,74,600/- as compensation under different heads with
interest @ 7% 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 appellants and the
learned Standing Counsel for the respondent insurer.
5. The learned counsel for the appellants claims
enhancement mainly under the following heads;
Income/notional income :- Though Rs.15,000/- was
claimed by the appellants, the tribunal has granted only
Rs.9,000/- towards notional income. The learned counsel for the
appellants submitted that she was working as a Pharmacist in
Reema Medical Stores, Mekkadampu and was earning a monthly
income of Rs.15,000/-. The tribunal has fixed the monthly
income at Rs.9,000/- stating that Ext.A12 - salary certificate
produced by the appellants was not proved. Even going by the
MACA NO. 2736 OF 2019
judgment in Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Company Limited [AIR 2011
SC 2951], an amount Rs.10,500/- per month ought to have
been granted for a coolie. Here, the claimants have produced
Ext.A11 - certificate to show that the deceased was a Diploma
Holder in Pharmacy Assistant Course issued in the year 2007. It
is true that the salary certificate produced by the claimants as
regards the avocation of the deceased could not be proved.
Taking into consideration that she was a diploma holder in
Pharmacy, I fix the notional income at Rs.12,500/- per month.
Loss of dependency :- The income fixed at Rs. 12,500/-,
with 40% future prospects, has to be added to the said amount
to compute the compensation under the said head
(12,500x40%=5,000). Therefore, there will be a total
compensation of Rs.23,80,000/- (17,500x12x17x2/3). The
tribunal has already awarded Rs.17,13,600/- and therefore,
there will be an additional amount of Rs.6,66,400/-.
6. The appellants have also sought enhancement under
the other heads. On a perusal of the award passed by the
MACA NO. 2736 OF 2019
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.
No. Head of Claim Amount Amount Modified Total
claimed awarded by in appeal compensation
the
tribunal
1 Transport to 5,000 5,000 (not 5,000
hospital modified)
2 Damage to 1,000 1,000 (not 1,000
clothing modified)
3 Hospital 5,000 5,000 (not 5,000
expenses modified)
4 Funeral 25,000 15,000 (not 15,000
expenses modified)
5 Pain and 50,000 Nil Nil Nil
sufferings
6 Loss of 30,60,000 17,13,600 6,66,400 23,80,000
dependency
7 Loss of 1,00,000 1,20,000 (not 1,20,000
consortium modified)
8 Loss of love and 1,00,000 Nil Nil Nil
affection
9 Loss of estate 50,000 15,000 (not 15,000
modified)
TOTAL 33,96,000 18,74,600 6,66,400 25,41,000
Accordingly, the appeal is allowed and the
appellant/claimant is awarded an additional compensation of
MACA NO. 2736 OF 2019
Rs.6,66,400/- (Rupees six lakh sixty six thousand four hundred
only) over and above the compensation awarded by the tribunal
with interest @ 7% 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, ADHAAR 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 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.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SMA
