High Court parts allowed a motor accident claim appeal, modifying the tribunal award by increasing compensation for transportation, funeral expenses, loss of affection, and loss of dependency to a total additional amount of Rs. 1,26,000 payable with interest.
Appellants entitled to additional compensation of Rs. 1,26,000 with interest at 7% from 29.11.2002.
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
THURSDAY, THE 5TH DAY OF JUNE 2014/15TH JYAISHTA, 1936
MACA.No. 3042 of 2008 ( )
-------------------------AGAINST THE AWARD IN OPMV 3182/2002 of M.A.C.T.,THRISSUR DATED 29-10-2007
APPELLANT(S)/PETITIONERS/ RESPONDENTS 3,4 & 5:
BY ADV. SRI.V.BINOY RAM
RESPONDENTS/RESPONDENTS 1 & 2:
R2 BY ADV. SRI.ZIYAD REHMAN(B/O,NO MEMO)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARUN-UL-RASHID & ANIL K.NARENDRAN, JJ.
--------------------------------------------------
M.A.C.A.No.3042 of 2008
-------------------------------------------------DATED THIS THE 5th DAY OF JUNE, 2014
JUDGMENT
HARUN-UL-RASHID, J.
The claimants are the legal heirs of the deceased. The appeal is directed against the award dt.29.10.2007 in O.P.(MV)No.3182/2002. The deceased was travelling along with another in a motor cycle and when he reached near Kottappuram, the offending bus driven by the 1st respondent in the Original Petition hit the motor cycle and as a result of the accident, the deceased on the same day succumbed to the injuries. Immediately after the accident, the deceased and others were taken to Medical College Hospital, Thrissur, but the deceased breathed his last on the date of accident itself. The Tribunal allowed the claimants to realise `2,50,000/- as compensation. Aggrieved by the quantum of compensation awarded, the claimants preferred this appeal. The parties are hereinafter referred to as arrayed in the Original Petition.
M.A.C..A.No.3042/08 -2-
for transportation. Considering the fact that the deceased was admitted at the Medical College, Thrissur on the date of accident and the further fact that he died on the same day, compensation of 1,000/- awarded as expenses for transportation is grossly inadequate. We feel that the claimants are entitled to an additional compensation of 2,000/- under the head transportation. The Tribunal, after considering the expenses that has been incurred for religious rites and ceremonies attached to funeral 5,000/- was awarded. We re-fix the compensation for funeral expenses as 10,000/-. For loss of love and affection only 10,000/- was awarded by the Tribunal. The applicants are the mother and sister of the deceased. The deceased was aged 19 at the time of accident. Towards love and affection, we find that the compensation fixed by the Tribunal is inadequate and therefore we refix the compensation @ 25,000/-. The claimant is entitled to an additional compensation of 15,000/- under this head. Compensation for loss of dependency is calculated on the basis of the notional monthly income fixed @ 2,000/-. Considering the fact that the accident occurred during 2002 and other relevant facts and circumstances, we find that the notional income should have been a minimum of `3,000/- per month. On the basis of the notional yearly income and after deducting 1/3rd towards
M.A.C..A.No.3042/08 -3-
personal expenses, his annual contribution is fixed as 24,000/-. Adopting the same multiplier as 13, the amount will be 3,12,000/-. After deducting the amount already awarded, the claimants are entitled to 1,04,000/-. We do not propose to interfere with the compensation fixed by the Tribunal under other heads, since we find that the amount awarded is just and reasonable. Thus, the claimants are entitled to a total additional compensation of 1,26,000/-.
In the result, the appeal is partly allowed. The judgment and decree passed by the Tribunal is modified. The appellants are entitled to an additional compensation of `1,26,000/- with interest @ 7% from 29.11.2002, till the date of realisation. The Insurance Company shall deposit the amount within two months.
Sd/-
HARUN-UL-RASHID ,
JUDGE
Sd/- ANIL K.NARENDRAN, JUDGE
dsn
3 issues framed by the court
Whether the compensation awarded by the Tribunal for transportation, funeral expenses, loss of love and affection, and loss of dependency is adequate.
Whether the compensation for loss of dependency should be recalculated based on a higher notional monthly income.
What additional compensation the appellants are entitled to in the hands of the insurance company.
1 provisions across 1 enactments
RAZIYA W/O LATE YOOSUF
K.V.RASEENA D/O LATE YOOSUF
LATHEEF S/O LATE YOOSUF
BASHEER S/O LATE YOOSUF
RAFEEQ S/O LATE YOOSUF
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
