Insurance company appealed against MACT award of Rs. 28 lakhs for fatal motorcycle collision. Court upheld award considering victim worked abroad, dismissing appeal as compensation was just and reasonable.
Appeal dismissed; Tribunal's award of Rs. 28,00,000/- confirmed
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933
MACA.No. 1773 of 2009() ----------------------OPMV.975/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD
APPELLANT/THIRD RESPONDENT
UNITED INDIA INSURANCE CO. LTD., PALAKKAD NOW REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, "SHARANYA" HOSPITAL ROAD, KOCHI-11.
BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW
RESPONDENTS/PETITIONERS AND RESPONDENTS 5 TO 7
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
M.A.C.A.No.1773 OF 2009
Dated this the 15th day of June, 2011
JUDGMENT
Barkath Ali, J.
Appellant is the third respondent Insurance Company in O.P. (MV)No.975/2002 on the file of Motor Accidents Claims Tribunal, Palakkad. In this appeal the appellant challenges the judgment and award of the Tribunal dated August 21, 2008 awarding a compensation of Rs. 28,00,000/- to the claimants, who are respondents 1 and 2 in this appeal, for the loss caused to them on account of the death of deceased Somasundaran in a motor accident.
while undergoing treatment in the hospital. Alleging negligence against the driver of the jeep, the claimants, who are the wife and
MACA.No.1773/2009 2
minor daughter of the deceased, filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.40,00,000/-.
MACA.No.1773/2009
3
company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal.
Rs.41,25,000/-. The break up of the compensation amount awarded is as under:
| Loss of dependency | - Rs.40,80,000/- |
|---|---|
| Funeral expenses | - Rs. 5,000/- |
| Loss of consortium | - Rs. 15,000/- |
| Loss of love and affection | - Rs. 10,000/- |
| Loss of estate | - Rs. 5,000/- |
| Transport to hospital | - Rs. 5,000/- |
| Pain and suffering | - Rs. 5,000/- |
MACA.No.1773/2009 4
earning 2700 Riyals per month which comes to Rs.34,074/- per month. The Tribunal took the monthly income of the deceased as Rs.30,000/and after deducting 1/3 for his personal expenses, the balance amount of Rs.20,000/- was taken as his monthly contribution to his family and adopted a multiplier of 17 and assessed Rs.40,80,000/- for the loss of dependency. The Tribunal deducted 20% from the same and awarded Rs.28,00,000/- as compensation. By separate judgment of this court in M.A.C.A.No.1176/2009 dated February 21, 2011, we have found that there was only 10% contributory negligence on the part of the deceased and awarded an enhancement of Rs.9,12,500/-.
Taking into consideration the fact that deceased was employed abroad and he was aged only 33 , we feel that the compensation awarded by the Tribunal is just and reasonable and not excessive. That being so, we find no merit in this appeal and the same is hereby dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
MACA.No.1773/2009 5
MACA.No.1773/2009 6
2 issues framed by the court
Whether the motor accident claims tribunal erred in awarding Rs. 28,00,000/- compensation for fatal accident.
Whether the quantum of compensation awarded by the tribunal was excessive.
1 provisions across 1 enactments
UNITED INDIA INSURANCE CO. LTD.
P.C. SHARMILA
S. SREYA
RATHNAKUMARI
PRASEETHA
PRAMEELA
A.K. BASHEER
P.Q. BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
