Kerala High Court
Anuja vs The Brnach Manager on 8 November, 2024
2024:KER:83449
MACA No.44 of 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
MACA NO. 44 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 23.10.2017 IN OPMV NO.529 OF
2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOLLAM
APPELLANT/S:
1 ANUJA
AGED 33 YEARS
W/O.LATE, GIREESH KUMAR, SUDHALAYAM,KOONAYIL,
PARAVOOR.P.O., KOLLAM-691301.
2 ARUN(MINOR)
AGED 8 YEARS
S/O.LATE. GIREESH KUMAR, 'SUDHALAYAM', KOONAYIL,
PARAVOOR.P.O., KOLLAM-691301 THROUGH THE NEXT FRIEND
AND MOTHER THE 1ST APPELLANT.
3 AROMAL
AGED 8 YEARS
S/O.LATE. GIREESH KUMAR, 'SUDHALAYAM', KOONAYIL,
PARAVOOR.P.O., KOLLAM-691301 THROUGH THE NEXT FRIEND
AND MOTHER THE 1ST APPELLANT.
4 SUSEELAN,
AGED 65 YEARS
F/O.LATE.GIREESH KUMAR, 'SUDHALAYAM', KOONAYIL,
PARAVOOR.P.O., KOLLAM-691301.
5 SUDHA
AGED 58 YEARS
M/O LATE. GIREESH KUMAR, 'SUDHALAYAM', KOONAYIL,
PARAVOOR.P.O., KOLLAM-691301.
BY ADVS.
K.SIJU
SMT.RENY ANTO
2024:KER:83449
MACA No.44 of 2019
2
RESPONDENT/S:
THE BRNACH MANAGER
M/S.UNITED INDIA INSURANCE CO.LTD, BISMI BUILDING, KP
IV 717 J, OPPOSITE CSI MISSION HOSPITAL, KAZHAKKOOTAM,
THIRUVANANTHAPURAM DISTRICT, PIN-695582.
BY ADV SMT.P.A.REZIYA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:83449
MACA No.44 of 2019
3
JUDGMENT
Dated the 8th day of November, 2024
This appeal is preferred against the award passed on
23.10.2017 by the Motor Accidents Claims Tribunal, Kollam in
O.P.(MV) No.529 of 2013, by the petitioners therein,
challenging the award on the ground of inadequacy of
compensation.
2. The appellants herein are the legal heirs of the
deceased Gireeshkumar. The accident occurred on
06.04.2012. As there is no challenge against the findings of
the Tribunal regarding the cause of the motor accident, the
nature of injuries suffered, the liability of the respondent,
etc., the discussion hereunder is limited to the essential
aspects only.
3. The learned counsel appearing for the appellant
submitted that though the deceased was a welding contractor,
the Tribunal did not consider that aspect and fixed notional
income only at the rate of Rs.7,000/-. However, as per the
law laid down by the Hon'ble Supreme Court in the decision
2024:KER:83449
held in Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Co.Ltd. [(2011) 13 SCC 236], the
appellants are entitled to get compensation by calculating the
monthly income at the rate of Rs.8,500/- per month, together
with compensation for loss of future prospects, it is urged. It is
also argued that the Tribunal did not award a sufficient
amount for loss of estate.
4. The learned counsel appearing for the 1st
respondent insurer points out that the Tribunal erroneously
awarded compensation for loss of consortium as well as loss
of love and affection, which is impermissible in law.
5. There is no dispute that the appellants are the
dependants of the deceased. After considering the rival
submissions in the light of available records, this Court is of
the view that some modification are required in the
impugned award. Following the law laid down in the
Ramachandrappa's case (supra), it is necessary to fix the
notional income of the appellant at least, @ Rs.8,500/- per
month, in the absence of any evidence to substantiate
the contentions of the actual income of the deceased.
2024:KER:83449
6. The Tribunal also omitted to award future
prospects @ 40% in view of the settled law in this regard.
There is no dispute as to the age of the deceased as 34
years, and thus the multiplier applicable is 16. Then
compensation for loss of dependency is to be calculated as
follows:
Rs.11900 (8500+40%) x 12 x 16 - 1/4 (towards
personal expenses, as the number of dependents is 5)
=Rs.17,13,600/-
7. Though it is true that the Tribunal should not have
awarded compensation for loss of consortium as well as love
and affection together, the total amount awarded on those
counts is only Rs.2 lakhs. As there are altogether 5
dependents each of them is entitled to get Rs.40,000/-
towards loss of consortium. The amount awarded can be
adjusted towards the said head.
8. The appellants are further entitled to get
compensation for loss of estate at the rate of Rs.15,000.
2024:KER:83449
9. The appellants are entitled to get additional
compensation as follows:
Compensation for loss of death and
dependency together with compensation
for future prospects - Rs. 5,61,600
(1713600-1152000)
Loss of estate - Rs. 10,000
(15000-5000)
---------------
Total Rs.5,71,600/-
The impugned award is modified only to the above
extent. As there was a delay of 279 days in filing the appeal,
the appellants will not be entitled to get any interest during
that period.
The M.A.C.A stands disposed of accordingly.
Sd/-
P. KRISHNA KUMAR
JUDGE
SM
