This Motor Accidents Claim Appeal disputes the tribunal's award for the death of a minor child. The court notes recent Supreme Court guidelines on minimum compensation and notional income but declines to interfere with the existing award.
The appeal by the Insurance Company was dismissed, upholding the Tribunal's award.
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 S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 21ST DAY OF NOVEMBER 2013/30TH KARTHIKA, 1935
MACA.No. 1417 of 2007 ( )
AGAINST THE AWARD IN OP(MV) No. 643/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA DATED 25-02-2006
APPELLANT(S)/APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11.
BY ADV. SRI.P.V.JYOTHI PRASAD
RESPONDENT(S)/PETITIONERS 1 &2 & RESPONDENTS 1 & 2:
1. V.K.KARUNAN, S/O CHOYI, AGED ABOUT 41 YEARS, RESIDING AT THANIYOTT VEEDU P.O.PALERI TOWN, KUTTIADI (VIA), KOZHIKKODE DIST.
2. N.SREEJA, W/O KARUNAN, AGED ABOUT 29 YEARS, -DO-
3. SASI C.H., CHAKKAYADUMMEL HOUSE, P.O.MOKERI, VIA. KAKKATTIL KOZHIKKODE DIST - 670692.
4. PARAMESWARAN, AGED ABOUT 51 YEARS, S/O SANKARAN NAMBEESAN, POOKANDIYIL VEEDU, NITTOR P.O. VIA. KAKKATTIL, KOZHIKODE DIST. 673507.
R1 & R2 BY ADV. SRI.V.N.RAMESAN NAMBISAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bb
S.Siri Jagan & K. Ramakrishnan, JJ
==============================
M.A.C.A.No.1417 of 2007
=============================== Dated this, the 21st day of November, 2013.
J U D G M E N T
Siri Jagan, J.
The Insurance Company in OP(MV) No.643 of 2002 before the Motor Accidents Claims Tribunal, Vadakara, is the appellant herein. The OP was filed by the respondents 1 and 2 herein, claiming compensation for the death of their minor child in an accident caused by the negligent driving of a vehicle insured with the appellant. The Tribunal, after finding negligence on the part of the driver of the vehicle insured with the appellant, awarded a total compensation of Rs.2,28,000/- with interest and costs. The appellant is challenging the award on the ground that the Tribunal did not deduct any amount for personal expenses of the deceased while calculating loss of dependency.
decision of Master Mallikarjuna Vs. Divisional Manager,
National Insurance Company Ltd and another, (2013
(3)KLJ 815) held that in cases of accident to minor children,
for disability, the minimum amounts to be awarded as compensation are, if the disability is above 10% and upto 30% to the whole body Rs.3,00,000/-, upto 60% Rs.4,00,000/-, upto 90% Rs.5,00,000/- and above 90% Rs.6,00,000/-. Death is equivalent to 100% disability. Apart from that, we find that the Tribunal fixed notional income of only Rs.15,000/- per annum. That notional income was fixed by the Parliament in the year 1994. The accident was in 2002. The Tribunal did not give necessary enhancement in notional income commensurate with the passage of time. No amounts were also awarded for pain and suffering and loss of love and affection.
In view of all these reasons, we are not inclined to interfere with the total amounts awarded by the Tribunal and accordingly the appeal is dismissed.
Sd/- S. Siri Jagan, Jugde.
Sd/- K.Ramakrishnan, Judge.
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[True copy]
P.A to Judge
1 issue framed by the court
Whether the High Court should interfere with the compensation award for the death of a minor child where the Insurance Company did not deduct personal expenses.
Colour shows how this judgement treated each authority
Master Mallikarjuna Vs. Divisional Manager, National Insurance Company Ltd and anotherReferred¶27
(2013 (3)KLJ 815)
United India Insurance Company Ltd.
V.K.Karunan
N.Sreeja
Sasi C.H.
Parameswaran
S.Siri Jagan
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
