Kerala High Court
Anitha vs Sivarajan on 17 January, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
MACA NO. 368 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 14.02.2020 IN OP(MV)
NO.285 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
IRINJALAKUDA
APPELLANTS/PETITIONERS:
1 ANITHA
AGED 43 YEARS
W/O.LATE PREETHILAL, PAPPATH (H),
POOLANI DESOM, MELOOR VILLAGE AND P.O.,
CHALAKUDY TALUK, THRISSUR DISTRICT-680311.
2 ABHIRAMI,
AGED 14 YEARS
MINOR, DOB-14.05.2006, D/O.PREETHILAL,
MINOR REP. BY NEXT FRIEND, MOTHER ANITHA,
AGED 43 YEARS, W/O.LATE PREETHILAL,
PAPPATH (H), POOLANI DESOM,
MELOOR VILLAGE AND P.O.,
CHALAKUDY TALUK,
THRISSUR DISTRICT-680311.
3 ADHITHYAN,
AGED 11 YEARS
MINOR, DOB 14.01.2009, S/O.PREETHILAL,
MINOR REP.BY NEXT FRIEND, MOTHER ANITHA,
AGED 43 YEARS, W/O.LATE PREETHILAL,
PAPPATH (H), POOLANI DESOM,
MELOOR VILLAGE AND P.O.,
CHALAKUDY TALUK,
THRISSUR DISTRICT-680311.
4 SUBHRAN,
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MACA NO. 368/2021
2
AGED 72 YEARS
PAPPATH (H), POOLANI DESOM,
MELOOR VILLAGE AND P.O.,
CHALAKUDY TALUK,
THRISSUR DISTRICT-680311.
5 AMMINI,
AGED 69 YEARS
W/O.SUBHRAN, PAPPATH (H),
POOLANI DESOM, MELOOR VILLAGE AND P.O.,
CHALAKUDY TALUK, THRISSUR DISTRICT-680311.
BY ADV V.M.KRISHNAKUMAR
RESPONDENTS/RESPONDENTS:
1 SIVARAJAN
S/O.SUDHAKARAN, CHAKKANTHARA HOUSE,
VETTILAPPARA P.O., CHALAKUDY,
THRISSUR DISTRICT, PIN-679334.
2 AJESH,
S/O.SUBHRAN, VADAKKA HOUSE,
KARAPPADAM DESOM,
KUTTICHIRA VILLAGE,
KUTTICHIRA P.O.,
THRISSUR DISTRICT, PIN-680724.
3 UNITED INDIA INSURANCE CO LTD
REPRESENTED BY MANAGER,
SREEKUMAR BUILDING, CHALAKUDY,
THRISSUR DISTRICT PIN 680307, PIN - 680307
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 17.01.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 368/2021
3
JUDGMENT
The legal heirs of the deceased Preethilal are the
appellants herein. The appellants approached the Motor
Accidents Claims Tribunal, Irinjalakkuda claiming
compensation on account of the death of late Preethilal, who
died in a road accident. On 24.11.2016, at 5.30 p.m, when the
deceased was riding a motorcycle through Athirappilli-
Chalakudy public road from west to east direction and when
he reached Pariyaram Dharmasatha Temple, a stage carriage
bus bearing Registration No.KL-6E-203 driven by the 2 nd
respondent in the claim petition in a rash and negligent
manner and hit on the motorcycle driven by the deceased. As
a result of the said accident, the deceased had sustained severe
injuries and was later admitted to the Rajagiri Hospital,
Ernakulam, where he was treated as inpatient till 03.01.2017,
when he succumbed to the injuries.
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2. The claimants contended that the deceased was a
skilled worker and was earning an amount of Rs.10,000/- per
month. In support of their contentions, the claimants/
appellants had produced Exts.A1 to A16 documents. The
insurance company on their side produced Exts.B1 and B2. No
oral evidence was adduced by either side.
3. The Tribunal on an appreciation of evidence found
that the claimants/appellants were not successful in adducing
evidence to the effect that the deceased was earning an
amount of Rs.10,000/- per month and hence the Tribunal
proceeded to fix notional income at Rs.8,500/-. Though the
compensation claimed was on account of the death of late
Preethilal, the Tribunal did not grant any future prospects
towards the income. Still further an amount of Rs.12,44,777/-
was claimed towards the medical bills. Though the same was
accepted, on the basis of opposition of the insurance company,
an amount of Rs.1,90,000/- was deducted. Thus a total
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compensation of Rs. 25,64,777/-, rounded off to Rs.25,64,800/-,
was granted, as under:
Sl.No Head of Claim Amount Amount Basis Vital
Claimed Awarded details in a
(Rs.) (Rs) nut shell
01 Funeral expenses 1,00,000/- 15,000
02 Transportation 10,000 5000
expenses
03 Medical expenses 13,00,000 10,54,777
04 Pain and suffering 2,50,000 15,000
05 Loss of 10,00,000 12,60,000 (7,500 x 12
dependency x 14)
06 Loss of love and 3,00,000 Nil
affection
07 Loss of consortium 2,00,000 2,00,000
08 Loss of estate Nil 15,000
09 Damage to 5,000 Nil
clothing
10 Loss of 5,00,000 Nil
expectation of life
11 Loss of income 15,000 Nil
12 Bystander's 10,000 Nil
expense
13 Shock and mental 10,00,000 Nil
agony
14 Loss of marriage 2,00,000 Nil
prospects of
daughter
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Total 40,75,000/- 25,64,777/ Rs.25,64,80
(Limited to - 0 along
30,00,000) with 8%
interest
from
14.03.2017
till
realisation.
4. Heard Smt.V.M Krishnakumar, the learned Counsel
appearing for the appellants and Sri.Thomas Mathew
Nellimoottil, the learned Standing Counsel appearing for the
insurance company.
5. It is true that the claimants were not successful in
proving the notional income of the deceased. At any rate,
going by the principles laid down by the Supreme Court in
Ramachandrappa vs. Manager, Royal Sundaram Alliance
Insurance Company Limited [AIR 2011 SC 2951], the
claimants are entitled to have the notional income fixed at
Rs.10,500/-. Similarly, in a case of a death and considering the
age of the deceased as 43 years, 25% of future prospects ought
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to have been fixed by the Tribunal, which has not been done
here. Thus, the claimants are also entitled to have the future
prospects fixed at 25% of Rs.10,500/-. Therefore, an amount of
Rs.13,125/- is fixed as the notional income of the deceased
Preethilal.
6. A perusal of Ext.A12 series of medical bills shows an
amount of Rs.12,44,777/- has been raised by the concerned
document. Though the insurance company opposed the same
on the ground that an amount of Rs.1,90,000/- has been
refunded, this Court finds no justifiable reason on the part of
the Tribunal to deny the aforesaid amount also, because
Ext.A12 is an inclusive bill.
7. From the evidence on record, it is seen that the
deceased was hospitalized from 24.11.2016 till 03.01.2017. The
Tribunal has awarded only a meager amount of Rs.15,000/-
towards pain and suffering. Considering the fact that the
deceased was hospitalized for more than one and a half
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months (one month and 22 days exactly), this Court is of the
considered view that the claimants are entitled to have a
reasonable enhancement under the head pain and suffering.
Accordingly, an amount of Rs.1,00,000/- is fixed as
compensation towards pain and suffering.
8. In the result, the appellants are entitled to succeed.
The appeal is thus allowed. The appellants are entitled to have
an enhanced compensation as follows;
A. Notional income of the deceased Preethilal is fixed at
Rs.13,125/-.
B. The loss of dependency is re-worked at [Rs.13,125/- x
12 x 14 x ¾] = [Rs.16,53,750 - Rs.12,60,000] =Rs.3,93,750/-.
C. The additional amount of Rs.1,90,000/- is granted
towards the medical expense.
D. Bystander expenses of Rs.10,000/- is granted as
claimed.
E. For pain and sufferings, Rs.85,000/- (Rs.1,00,000-
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15,000) is granted.
Total amount of enhanced compensation =
Rs.6,78,750/- (Rs.3,93,750 +190,000+10,000+85,000)
In view of the above discussions, the appeal is allowed. It
is ordered that the claimants/appellants are entitled for an
enhanced amount of Rs.6,78,750/- (Rupees Six Lakh Seventy
Eight Thousand Seven Hundred and Fifty only) with
proportionate cost which will carry interest at 8% per annum
from 14.03.2017 till relaization. The Insurance Company shall
deposit the same within a period of two months from the date
of receipt of a copy of this judgment. The claimants shall
furnish the details of the bank account to the Insurance
company for transfer of the amount. The Appeal is ordered
accordingly.
Sd/-
EASWARAN S.
JUDGE
LU
