The Kerala High Court allowed the appeal partly and modified the award by the Motor Accident Claims Tribunal. The Court fixed the deceased's monthly salary at ₹6,000 and enhanced the compensation for loss of dependency by ₹6,16,000 with interest.
The appellants were awarded an additional compensation of ₹6,16,000 with 7% interest from 28.11.2001.
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 HARUN-UL-RASHID
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936
MACA.No. 2840 of 2008 ( )
AGAINST THE AWARD IN OPMV 2986/2001 MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR DATED 3.6.08
APPELLANTS/PETITIONERS:
(MINOR APPELLANTS 2 TO 4 REPRESENTED BY 1ST APPELLANT).
BY ADV. SRI.P.V.CHANDRA MOHAN
RESPONDENT(S)/RESPONDENTS:
R3 BY ADV. SRI.P.MURALEEDHARAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARUN-UL-RASHID & ANIL K.NARENDRAN, JJ.
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M.A.C.A.No.2840 of 2008
-------------------------------------------------DATED THIS THE 10th DAY OF JUNE, 2014
JUDGMENT
HARUN-UL-RASHID, J.
The legal heirs of deceased Joju Thomas, who died in a road accident, are the appellants. The appeal is directed against the judgment and decree dated 3.6.2008 in O.P.(MV)No.2986/2001 on the file of the Motor Accident Claims Tribunal, Thrissur.
M.A.C.A.No.2840/08
-2-
with proportionate costs. The quantum of compensation awarded is under challenge in this appeal.
4,990/- as a Supervisor. Exhibit A8 would also show that the gross salary of the petitioner was 7,150/-. Out of the gross salary, `2,160/- is dedcuted towards EPF, LIC, purchase loan, etc., the details of which are mentioned in the salary certificate. Exhibit A17 is another certificate issued by the employer on 23.1.2008. The same was proved through PW1, who was recalled and re-examined. PW1 testified before court that but for the accident, the deceased Joju Thomas shouldM.A.C.A.No.2840/08 -3-
have been promoted to the post of System Manager entitled to a salary of 20,000/- per month. Taking into account the fact that 4,990/- taken as the net salary does not include the EPF amount and other items and considering the educational qualifications of the deceased and Ext.A17 salary certificate, we are of the view that the monthly salary could be fixed as 6,000/-. The dependents are the wife, three minor children and parents of the deceased. Deducting 1/4<sup>th</sup> towards personal expenses, the monthly contribution to the dependents would come to 4,500/-. For future prospects, 50% of 6000/- is added. Deducting 1/4<sup>th</sup> thereof towards personal expenses, monthly contribution to the dependents would come to 6,750/- per month. The annual contribution is 81,000/-. On that basis, applying the multiplier 16, the claimants are entitled to get 12,96,000/- as compensation for loss of dependency. Deducting 6,80,000/awarded, the claimants are entitled for an additional compensation of 6,16,000/- under this head. The Tribunal examined the compensation to be awarded under other heads. The Tribunal granted reasonable compensation towards pain and
M.A.C.A.No.2840/08 -4-
suffering, loss of love and affection, loss of estate, loss of consortium, expenses for treatment, etc. We do not propose to interfere with the compensation awarded under other heads. Thus the claimants are entitled to an additional compensation of `6,16,000/- with 7% interest from 28.11.2001, till the date of actual payment.
In the result, the appeal is partly allowed. The judgment and decree under appeal is modified. The appellants/claimants are entitled to realise additional compensation of `6,16,000/with interest @ 7% from 28.11.2001, till realisation. Since the claimants include minors as well, the compensation shall be distributed in the same manner as directed by the Tribunal. The Insurance Company shall deposit the amount within two months.
Sd/-
HARUN-UL-RASHID , JUDGE
Sd/- ANIL K.NARENDRAN, JUDGE
dsn
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accident Claims Tribunal for loss of dependency was adequate?
Whether the monthly salary and multiplier used by the Tribunal were appropriate for the assessment of loss of dependency?
Shibi Joju
M Sundaran
C C Madhavan
The New India Assurance Co.Ltd.
Harun-ul-Rashid
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court