Kerala High Court

Tense. R vs Rafeek K.S on 19 March, 2025

MACA Nos.963 & 957 of 2021           1
2025:KER:24241

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR. JUSTICE EASWARAN S.

    WEDNESDAY, THE 19
                        TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946


                             MACA NO. 957 OF 2021

         AGAINST THE AWARD DATED 17.07.2020 IN O.P.(M.V) NO.1230 OF

2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA

APPELLANTS/PETITIONERS :

     1       ANIRUDHAN
             AGED 55 YEARS
             S/O. KUMARAN, PARIMANA HOUSE,
             KAKKAZHAM P.O. AMBALAPPUZHA PW3,
             ALAPPUZHA DISTRICT , KERALA STATE,
             (FATHER OF THE DECEASED ANU RAJ).

     2       GEETHA,
             AGED 51 YEARS
             W/O. ANIRUDHAN, RESIDING AT PARIMANA HOUSE,
             KAKKAZHAM P.O. AMBALAPPUZHA PW3, ALAPPUZHA DISTRICT ,
             KERALA STATE, (MOTHER OF THE DECEASED ANU RAJ).

     3       YADHUKRISHNAN,
             AGED 17 YEARS (MINOR), S/O. ANIRUDHAN
             RESIDING AT PARIMANA HOUSE, KAKKAZHAM P.O.
             AMBALAPPUZHA PW3, ALAPPUZHA DISTRICT ,
             KERALA STATE, MINOR, REPRESENTED BY THE LEGAL GUARDIAN
             FATHER ANIRUDHAN, (YOUNGER BROTHER OF THE DECEASED ANU
             RAJ).

           BY ADVS.
           A.T.ANILKUMAR
           SMT.V.SHYLAJA
RESPONDENTS/RESPONDENTS :

     1       RAFEEK. K.S
             AGE NOT KNOWN TO THE APPELLANT,
             S/O. BASHEER, KOLLIKKATTU PUTHENPURA HOUSE,
             EAST MARADY P.O. MUVATTUPUZHA 686 673,
             ERNAKULAM DISTRICT.
 MACA Nos.963 & 957 of 2021      2
2025:KER:24241




     2      BEENA JUSTIN,
            AGE NOT KNOWN TO THE APPELLANT,
            W/O. JUSTIN, VALLIKATTU HOUSE, MRALA P.O.
            THODUPUZHA 685 584, IDUKKI DISTRICT.

     3      UNITED INDIA INSURANCE COMPANY LIMITED,
            REPRESENTER BY ITS DIVISIONAL MANAGER,
            DIVISIONAL OFFICE, MULLACKAL, ALAPPUZHA 688 001.


            BY ADV JOHN JOSEPH VETTIKAD

      THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 19.03.2025, ALONG WITH MACA NO.963/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 MACA Nos.963 & 957 of 2021           3
2025:KER:24241


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR. JUSTICE EASWARAN S.

    WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946


                             MACA NO. 963 OF 2021

         AGAINST THE AWARD DATED 17.07.2020 IN O.P.(M.V) NO.1227 OF

2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA

APPELLANTS/PETITIONERS:

     1       TENSE. R
             AGED 51 YEARS
             S/O. LATE RAVEENDRAN, VAZHAKULAM HOUSE,
             KOMANA MURI, KAKKAZHAM P.O, AMBALAPPUZHA P.W.2,
             ALAPPUZHA DISTRICT(FATHER OF DECEASED NITHIN.T)

     2       SREEKALA
             AGED 49 YEARS
             W/O. TNESE R, VAZHAKULAM HOUSE, KOMANA MURI,
             KAKKAZHAM P.O, AMBALAPPUZHA P.W.2,
             ALAPPUZHA DISTRICT(MOTHER OF DECEASED NITHIN.T)

     3       JITHIN TENSE
             AGED 19 YEARS, S/O. TENSE R. VAZHAKULAM HOUSE,
             KOMANA MURI, KAKKAZHAM P.O, AMBALAPPUZHA P.W.2,
             ALAPPUZHA DISTRICT(YOUNGER BROTHER OF DECEASED
             NITHIN.T)


             BY ADVS.
             A.T.ANILKUMAR
             SMT.V.SHYLAJA

RESPONDENTS/RESPONDENTS :

     1       RAFEEK K.S., AGE NOT KNOWN TO THE APPELLANT,
             S/O. BASHEER, KOLLIKKATTU PUTHENPURA HOUSE,
             EAST MARADY P.O, MUVATTUPUZHA - 686673,
             ERNAKULAM DISTRICT.
 MACA Nos.963 & 957 of 2021      4
2025:KER:24241

     2      BEENA JUSTIN, AGE NOT KNOWN TO THE APPELLANT,
            W/O. JUSTIN, VALLIKATTU HOUSE, MRALA P.O,
            THODUPUZHA - 685584, IDUKKI DISTRICT.


     3      UNITED INDIA INSURANCE COMPANY LTD
            REPRESENTED BY ITS DIVISIONAL MANAGER,
            DIVISIONAL OFFICE, MULLACKAL, ALAPPUZHA,
            PIN - 688001.


            BY ADV JOHN JOSEPH VETTIKAD

      THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 19.03.2025, ALONG WITH MACA NO.957/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 MACA Nos.963 & 957 of 2021         5
2025:KER:24241

                             JUDGMENT

These appeals arise out of two claim petitions, O.P.(M.V.)

Nos.1227 of 2014 and 1230 of 2014 preferred on account of the

death of Sri. Nithin, aged 18 years and Sri. Anuraj, aged 17 years

respectively.

2. The brief facts necessary for the disposal of these appeals

are as follows:

On 2.10.2014 at about 4.20 a.m., while Sri.Nithin and

Sri.Anuraj were travelling in a Scorpio car bearing registration

No.KL-26/2266 driven by one Varunjith along the Alappuzha-

Ernakulam National Highway from north to south, a mini lorry

bearing registration No.KL-38-A-582 came in a rash and negligent

manner hit against the Scorpio car. As a result of the said collision,

both Nithin and Anuraj sustained serious injuries and they were

taken to KVM Hospital, Cherthala and from there, they were taken

to General Hospital, Alappuzha. Later, they succumbed to the

injuries while undergoing treatment. The legal heirs of the

deceased Nithin and Anuraj approached the Motor Accidents

Claims Tribunal, Alappuzha by filing the aforementioned

O.P.(M.V.)s. The claimants contended that the deceased Nithin was

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aged only 18 years, and the deceased Anuraj was only 17 years old

at the time of the accident. Sri. Nithin passed the Vocational

Higher Secondary Examination and also excelled in extracurricular

activities. He was a member of IT Club and participated in 'Chenda

Course' conducted by the Higher Secondary Kalakshethra at Model

Higher Secondary School, Ambalappuzha. His subject in the higher

secondary course was Maintenance and Operation of Bio-medical

Equipments and it was contended that the deceased had a bright

future. Insofar as the claim on account of the death of deceased

Anuraj is concerned, the legal heirs contended that Sri. Anuraj was

17 years old at the time of the accident. He had passed the Higher

Secondary Examination in the year 2014 and had undergone

training at NCC training camp at Sreenarayana College, Cherthala.

While the legal heirs of Nithin claimed that they are entitled to have

the notional income fixed at Rs.15,000/-, the legal heirs of the

deceased Anuraj claimed an income of Rs.9,000/- per month. The

tribunal, on consideration of the rival pleadings and the materials

on record, proceeded to fix the monthly income of the deceased

Nithin at Rs.10,000/- and Sri. Anuraj at Rs.9,000/- and awarded the

following compensation.


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    No Head of claim                  Amount        Amount
                                      claimed       awarded
        PART-I
    a) Transport to hospital         15,000/-      3,000/-
    b) Damage to clothing and 2,000/-              2,000/-
        articles
    c) Funeral expenses              30,000/-      15,000/-
        PART -II
    d) Compensation for pain & 60,000/-            50,000/-
        sufferings
    e) Compensation for loss of love 1,00,000/-    Not allowed
        and affection
    f) Compensation for loss of ----------         80,000/-
        consortium
    g) Compensation for loss of 17,28,000/-        15,12,000/-
        dependency
    h) Compensation for loss of --------           15,000/-
        estate
        Total                        19,35,000/-    16,77,000/-
                                        (Claim is
                                       limited to
                                     Rs.19,00,000)


    No Head of claim                  Amount        Amount
                                      claimed       awarded
         PART-I
    a)   Transport to hospital         15,000/-     3,000/-
    b)   Damage to clothing and 2,000/-             2,000/-
         articles
    c)   Funeral expenses              30,000/-     15,000/-
         PART -II
    d)   Compensation for pain & 60,000/-           50,000/-
         sufferings

e) Compensation for loss of love 1,00,000/- Not allowed and affection

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f) Compensation for loss of ---------- 80,000/-

consortium

g) Compensation for loss of 17,28,000/- 13,60,800/-

dependency

h) Compensation for loss of -------- 15,000/-

           estate
           Total                                19,35,000/-    15,25,800/-
                                                (Claim      is
                                                limited     to
                                                Rs.19,00,000)



      3.    Aggrieved     by       the     insufficiency      in     the      grant   of

compensation, the legal heirs of deceased Sri. Nithin and

Sri. Anuraj approached this Court in the present appeals.

4. Heard Sri.V.Shylaja, the learned counsel appearing for the

appellants and Sri.John Joseph Vettikad, the learned counsel

appearing for the insurance company.

5. On consideration of the rival submissions raised across the

Bar, this Court finds that the income fixed by the tribunal is on a

lower side. In Ramachandrappa v. Manager Royal Sundaram

Alliance Insurance Company Ltd. [(2011) 13 SCC 236], even a

coolie worker is entitled for an amount of Rs.9,500/- as the monthly

income. Since the accident occurred in the year 2014, insofar as

the income of the student is concerned, the same ought not have

been fixed in par with that of a coolie worker. Though the legal

heirs of deceased Anuraj had claimed only Rs.9,000/-, that by itself

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did not deter this Court from fixing the income suitably in terms of

the ground realities going by the principles laid down by this Court

in Oriental Insurance Company Limited v. Martin Xavier [2024 KLT

online 2579] [authored by ES(J)].

6. It is pertinent to mention that the legal heirs of the

deceased Nithin had claimed an amount of Rs.15,000/- as the

monthly income. Considering the fact that even a coolie worker is

entitled to get an amount of Rs.9,500/-, this Court finds that the

claim put forth by the legal heirs for fixing Rs.15,000/- is perfectly

justified and accordingly this Court is of the view that income of

the deceased Nithin has to be fixed at Rs.15,000/-. Consequently,

the income of the deceased Anuraj is also liable to be fixed at

Rs.15,000/-.

7. The claimants are also entitled to get 10% enhancement on

the conventional heads going by the decision of the Supreme Court

in N. Jayasree and Others Vs Cholamandalam MS General

Insurance Company Limited [2022 (14) SCC 712] .

8. In the result, these appeals are allowed. The appellants

are entitled to get enhanced compensation as follows:

The income of both Nithin and Anuraj is fixed at Rs.15,000/-.

The appellants are also entitled to get 40% of the income towards

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future prospects. Hence the amount would come to Rs.21,000/-

(15000+6000)

Head of claim Amount Amount Enhanced awarded by awarded by compensation this Court the tribunal Loss of dependency 22,68,000 15,12,000 7,56,000 21000x12x

Loss of consortium 96000 80,000 16,000 Loss of estate 18000 15000 3000 Funeral expenses 18000 15000 3000 Total enhanced compensation 7,78,000

Head of claim Amount Amount Enhanced awarded by awarded compensation this Court by the tribunal Loss of dependency 22,68,000 13,60,800 9,07,200 21,000x12x

Loss of consortium 96000 80,000 16000 Loss of estate 18000 15000 3000 Funeral expenses 18000 15000 3000 Total enhanced compensation 9,29,200

9. Accordingly, the appellants M.A.C.A. No.957 of 2021 are

entitled to get an amount of Rs.7,78,000/- (Seven Lakh Seventy

Eight Thousand only) and the appellants in M.A.C.A. No.957 of

2021 are entitled to get an amount of Rs.9,29,200/- (Rupees Nine

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Lakhs twenty Nine thousand two hundred only) as enhanced

compensation with 9% interest per annum from the date of petition

till realization with proportionate cost. The appellants shall furnish

the details of their bank account to the insurance company for

deposit of the amount. The insurance company shall deposit the

amount in the bank account of the appellants within a period of two

months from the date of receipt of a copy of this judgment