Kerala High Court
Asiya Beevi vs Divisional Manager, The New India ... on 1 November, 2024
2024:KER:81171
MACA NO.1700/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
MACA NO. 1700 OF 2024
OPMV NO.1141 OF 2019 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL,PATHANAMTHITTA
APPELLANTS/APPELLANTS:
1 ASIYA BEEVI, AGED 51 YEARS, CHARUVILA PUTHENVEEDU,
POONKULANJI P.O, PUNNALA VILLAGE, PATHANAPURAM TALUK,
KOLLAM , DISTRICT,, PIN - 689695
2 MUBEENA M., AGED 26 YEARS, CHARUVILA PUTHENVEEDU,
POONKULANJI P.O, PUNNALA VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 689695
3 MEERA RAWTHER, AGED 87 YEARS, CHARUVILA PUTHENVEEDU,
POONKULANJI P.O, PUNNALA VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 689695
BY ADVS. T.K.KOSHY
V.V.RISANI
SABU I.KOSHY
RESPONDENT/RESPONDENT:
DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO.LTD
MOTOR TP CLAIM HUB, DIVISIONAL OFFICE, KHAISE BUILDING,
BEACH ROAD, KOLLAM, PIN - 691101
BY ADV PANICKER V.P.K.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MACA NO.1700/2024
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JUDGMENT
This appeal has been filed by the claimants in OP(MV) No.1141
of 2019 on the file of the Motor Accidents Claims Tribunal,
Pathanamthitta. The respondent herein was the third respondent before
the tribunal.
2. The case of the appellants/claimants is that on
25.02.2019, while the deceased was pillion riding on a scooter bearing
Reg.No.KL-25D-1872 along the Ranny - Ermeli public road, a tipper
lorry bearing Reg.No.KL-28B-4657 driven by the first respondent in a
rash and negligent manner, hit against the scooter, whereby he
sustained serious injuries and succumbed to the injuries. The
appellants, being the legal heirs of the deceased, approached the
tribunal claiming a total compensation of ₹40,00,250/-.
3. Respondents 1 and 2 remained ex parte before the
tribunal. The respondent insurer filed a written statement, admitting the
policy coverage for the offending vehicle, but disputing the liability and
quantum of compensation claimed. Before the tribunal, Exts.A1 to A12
were marked on the side of the appellants/claimants. No evidence was
adduced by the respondents. The tribunal, after analysing the pleadings
and materials on record, held that the accident took place on account of
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the negligence of the driver of the offending vehicle and awarded a sum
of ₹19,03,000/- as compensation under different heads against the third
respondent being the insurer. Dissatisfied with the quantum of
compensation awarded by the tribunal, the claimants have come up in
appeal.
4. I have 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 under the following heads:
5.1. Notional income - The learned counsel for the
appellants submits that the deceased was doing timber business and
was earning ₹30,000/- per month, however, the tribunal has fixed the
notional monthly income only at ₹15,000/-, which is on the lower side. It
is pointed out that in the FIS, the brother of the deceased stated that
the deceased was doing timber business. Admittedly, other than what is
stated in the FIS, no document was produced by the appellants to prove
the income of the deceased. However, considering the fact that the
deceased was 52 years at the time of the accident and also the fact that
he was doing timber business, I deem it appropriate to refix the notional
monthly income of the deceased at ₹16,000/-.
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5.2. Loss of dependency - Since the notional monthly
income of the deceased is refixed at ₹16,000/-, compensation towards
loss of dependency has to be recalculated. The deceased was 52 years
old at the time of the accident. Thus, after adding 10% of the notional
income towards future prospects, the amount would be arrived at
₹17,600/- (16000 + 1600). Accordingly, following the judgments in
National Insurance Co.Ltd. v. Pranay Sethi [2017(4) KLT 662(SC)] and
Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802(SC)], the
appellants will be entitled to get a total compensation of ₹18,30,400/-
(17600 x 12 x 13 x 2/3) towards loss of dependency. Hence, there will be
an additional amount of ₹1,14,400/- under this head.
6. Though the appellants claimed enhancement of
compensation under other heads, on a perusal of the records available, I
am not inclined to interfere with the compensation awarded by the
tribunal under other heads since it appears to be just and reasonable.
Thus, the impugned award of the tribunal is modified as follows:
Sl.
No. Head of Claim Amount Amount Modified Total
claimed awarded in appeal compensation
(in ₹) by the (in ₹) (in ₹)
tribunal
(in ₹)
1. Transport to 8000 5000 5000
hospital
2. Damage to 8000 2000 2000
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clothing
3. Medical expenses 50000
4. Bystanders
expenses
5. Extra nourishment 6000
6. Funeral expenses 50000 16500 16500
7. Loss of love and 300000
affection
8. Loss of consortium 300000 132000 132000
(filial)
9. Pain and 100000 15000 15000
sufferings
10. Loss of estate 100000 16500 16500
11. Loss of 4700000 1716000 114400 1830400
dependency
12. Mental shock 300000
Total 4000250 1903000 114400 2017400
Accordingly, the appeal is allowed in part and the appellants
are awarded an additional compensation of ₹1,14,400/- (Rupees one lakh
fourteen thousand and four hundred only) over and above the
compensation awarded by the tribunal with interest @ 8% 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 appellants 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 above. In case of failure to
furnish details as above, it shall be open for the insurance company to
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deposit the said amount before the tribunal. Upon such deposit being
made, the entire amount shall be disbursed to the appellants at the
earliest in accordance with law. However, it is made clear that the
enhanced compensation will not carry interest for the period of delay of
119 days in filing the appeal.
SD/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
