In an appeal against a Motor Accident Claims Tribunal award, the High Court enhanced compensation for death in a road accident by revising the deceased's income and awarding additional damages for dependency, consortium, love and affection, and increased interest rates.
Award modified to grant additional compensation of Rs. 2,70,000/- and interest at 7.5% per annum.
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 MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933
MACA.No. 2366 of 2007() ----------------------OPMV.884/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA ....................
APPELLANT(S): APPELLANTS/PETITIONERS
BY ADV. SRI.PULIKKOOL ABUBACKER
SRI.ZUBAIR PULIKKOOL
RESPONDENTS/ RESPONDENTS
ADV. SRI.RENIL ANTO KANDANKULATHY FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
M.A.C.A.No.2366 OF 2007
Dated this the 30th day of May, 2011
JUDGMENT
Barkath Ali, J.
Appellants are the claimants in OP(MV)No.884/2003 on the file of the Motor Accidents Claims Tribunal, Vadakara. They are the wife, son and mother of deceased Kunhabdulla who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated February 20, 2007 awarding a compensation of Rs. 3,88,000/- for the loss caused to them on account of the death of deceased in that accident.
a jeep from Calicut to Kadameri and when he reached at Elathur, the jeep dashed against a lorry bearing Reg.No.KL-4L-2729 driven by the second respondent. The deceased sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the driver of the lorry, the claimants filed the OP under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.10,00,000/-.
MACA.No.2366/2007 2
offending lorry. Respondents 1 and 2 remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed
a written statement admitting the policy.
side of the claimants before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs.3,88,000/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.9,750/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal.
MACA.No.2366/2007
3
Rs.3,88,000/- The break up of the compensation amount awarded is as
under:
| Loss of dependency | - Rs. 3,60,000/- |
|---|---|
| Funeral expenses | - Rs. 2,000/- |
| Transportation | - Rs. 1,000/- |
| Loss of love and affection | - Rs. 20,000/- |
| Loss of consortium | - Rs. 5,000/- |
compensation for loss of dependency, for loss of consortium and for loss of love and affection.
MACA.No.2366/2007
4
reasonably fixed at Rs. 5,000/- which comes to Rs. 60,000/- per annum. After deducting 1/3 for his personal expenses, the balance amount of Rs. 40,000/- can be taken as his annual contribution to his family. The Tribunal adopted a multiplier of 15 which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs. 6,00,000/- ( 40,000 x 15). Thus on this count, the claimants are entitled to an additional compensation of Rs.2,40,000/-.
MACA.No.2366/2007 5
The Appeal is disposed of as found above.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
MACA.No.2366/2007 6
MACA.No.2366/2007 7
2 issues framed by the court
Whether the compensation awarded by the Tribunal for loss of dependency, consortium, love and affection was sustainable?
Whether interest rate awarded by the Tribunal was adequate?
2 provisions across 2 enactments
SELMA
ASHAR
BIYYATHU
KURUVILA T.T.
SURESH
NEW INDIA ASSURANCE CO.LTD.
A.K. BASHEER
P.Q. BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
