Kerala High Court
Gladis Joy vs United India Insurance Company Ltd on 25 October, 2024
2024:KER:79834
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 25TH DAY OF OCTOBER 2024/3RD KARTHIKA, 1946
MACA NO. 73 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 17.09.2020 IN OPMV
NO.1053 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA
APPELLANTS:
1 GLADIS JOY,
W/O. JOY, KADAMBANATTU HOUSE,
KUDAKKACHIRA P. O., KUDAKKACHIRA KARA,
VALLICHIRA VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT - 686 635.
2 TREESA JOY @ TREESA,
AGED 18 YEARS,
D/O. JOY, KADAMBANATTU HOUSE,
KUDAKKACHIRA P. O., KUDAKKACHIRA KARA,
VALLICHIRA VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT - 686 635.
(DATE OF BIRTH - 11.09.2002)
BY ADVS.
MANUEL KACHIRAMATTAM
SMT.MERRY GEORGE
RESPONDENTS:
1 UNITED INDIA INSURANCE COMPANY LTD.,
BO 2, 2ND FLOOR, 11 ARCADE, DESHABHIMANI JUNCTION,
M.N. ROAD, KALOOR, KOCHI - 682 017.,
REPRESENTED BY ITS DIVISIONAL MANAGER,
DIVISIONAL OFFICE, UNITED INDIA INSURANCE COMPANY
LTD., GEETHA TRADE CENTRE, NAGAMBADAM,
KOTTAYAM - 1, PIN - 686 001.
M.A.C.A.No.73 of 2021
2024:KER:79834
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2 VARKEY MATHAI,
S/O. VARKEY, KADAMBANATTU HOUSE,
KUDAKKACHIRA P. O., KUDAKKACHIRA KARA,
VALLICHIRA VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT - 686 635.(DIED)
BY ADV SRI.P.K.MANOJKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.73 of 2021
2024:KER:79834
-3-
JUDGMENT
(Dated this the 25th day of October, 2024)
The legal heirs of deceased one Mr. Joy @ Suhruth has
come up with the present appeal dissatisfied with the quantum
of compensation granted by the Tribunal. For the sake of
brevity, a detailed elucidation of the facts is not required and
hence, this Court intends to proceed with the main issue raised
in the appeal.
2. Heard Sri.Manuel Kachiramattam, learned
counsel for the appellants and Sri. P.K Manoj Kumar, learned
counsel appearing for the respondent/Insurance Company.
3. The claimants/appellants claimed that the
deceased Joy was a real estate broker and further he was an
agriculturist, earning a monthly income of Rs.30,000/-. In
support of the claim, the claimants produced Ext.A7, which is
the certificate issued by the All Kerala Commissioned Agent's
Union, affiliated to KTUC (Pala, Kottayam District). However,
due to the non examination of the signatory to Ext.A7, the
same was not accepted in evidence. Faces with this situation,
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the tribunal proceeded to fix the notional income as
Rs.13,000/- and added 10% future prospects and arrived at a
figure of Rs.14,300/- and calculated the compensation as
follows:
Sl. Head of claim Amount Amount Basic - vital
No Claimed awarded details in nut
(₹) (₹) shell
1 Loss of earnings ..... .....
2 Transport to hospital 1000 4000
3 Damage to clothing 5000 1000
4 Pain and Suffering 100000 15,000 On a reasonable
evaluation
5 Funeral expenses 200000 15000 National
Insurace Vs
Pranay Sethi -
2017 (5)
KHC350 (SC)
6 Loss of consortium to 200000 40000 (Magma
t the petitioners 40000 General
Insurance
Co.Ltd. Vs
Manu Ram @
Chuhru Ram)
7 Compensation for loss 500000 Not allowed ......
of love and affection
8 Compensation for loss ........ 1258400
of dependency
9 Loss of estate 3000000 15000 National
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Insurance Vs.
Pranay Sethi -
2017 (5) KHC
350 (SC)
Total Claim limited to 40 lakhs Rs.13,88,400/
-
4. On a perusal of the aforesaid table, it appears
that the Tribunal has granted more or less just and fair
compensation except on the question of the notional income.
5. Both parties are at serious variance as to what
should be the income to be taken for the purpose of calculating
compensation. The learned counsel for the appellant submitted
that being an agriculturist, the income of deceased Joy, cannot
be fixed at Rs.13,000/- and on the other hand, the learned
Counsel appearing for the Insurance Company Sri.P.K Manoj
Kumar submitted that the income of the deceased have been
rightly fixed by the Tribunal.
6. Considering the totality of the facts and
circumstances, this Court feels that a slight modification can
be granted in favour of the appellant. As stated above, the
Tribunal had taken into consideration various aspects and
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granted just and fair compensation in respect of the other non
pecuniary heads and what remains is only fixation of the
notional income. Considering the predictament of the
claimants and also considering the fact that only sole
breadwinner of the family had met with the accident and
succumbed to the injuries, this Court feels that an amount of
Rs.14,000/- be fixed as the notional income. The claimants are
also entitled to adding of 10% of future prospects. Thus, the
income of the claimant is fixed at Rs.15,400/-. The
compensation towards the loss of dependency will be thus,
calculated as follows:
15,400 x 12 x 11 x 2/3 = 13,55,200 - 12,58,400 =
96,800/-.
This amount shall carry interest at 8% per annum from
28.10.2017 till date of realization with proportionate costs on
the enhanced compensation. The Insurance Company shall
deposit the enhanced compensation together with interest and
proportionate costs within a period of one month from the date
of receipt of a copy of this judgment. The claimant shall
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furnish the details of the bank account to the Insurance
Company for transfer of the amount. The appeal is ordered
accordingly. No order as to cost.
Sd/-
EASWARAN S.
JUDGE
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