In an appeal against a Motor Accidents Claims Tribunal award, the Court enhanced compensation for a deceased fireman's death from Rs. 3,88,000 to Rs. 6,81,000 by increasing heads like loss of consortium and dependency. Interest was denied for the period of delay.
Compensation enhanced to Rs. 6,81,000; interest denied for period of delay.
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 T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 MACA.No. 133 of 2004 ( ) -------------------------
AGAINST THE AWARD IN OPMV 42/1994 of M.A.C.T.,ERNAKULAM DATED 12-06-1996 APPELLANT(S)/PETITIONERS::
BY ADV. SRI.ANIL S.RAJ
RESPONDENT(S)/RESPONDENTS::
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ.
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M.A.C.A.No.133 of 2004
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JUDGMENT
Jyothindranath, J.
This is an appeal filed by the claimants, aggrieved by the award in O.P.(MV) No.42/1994 on the file of the Motor Accidents Claims Tribunal, Ernakulam.
and dependents of the deceased who was employed as a Fireman in Cochin Refineries Limited, Ambalamughal. He met with a motor vehicle accident and sustained fatal injuries and succumbed to the injuries. Alleging that the accident occurred due to the negligence of the driver of the tanker lorry involved in the accident, a claim petition moved before the Tribunal for a total sum of Rs.10 Lakhs. The Tribunal awarded a sum of Rs.3,88,000/-. Challenging the quantum, preferred this appeal.
MACA 133/2004 2
made by the learned counsel for the appellant is that the deceased was a permanent employee of Cochin Refineries Ltd. who was having a salary of Rs.4,464/- per month. It is the submission that the first appellant is his wife whereas appellants 2 and 3 are the children. It is also the submission that one of the children was suffering from leukaemia and the deceased was spending major portion of his income for the welfare of the family. It is the submission that one third deduction for personal expenses is not warranted in this case as there is a special reason for taking a lower deduction. It is also the submission that the Tribunal only awarded a nominal amount towards loss of consortium and loss of love and affection. The fact that the first appellant was very young, was not considered by the Tribunal.
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MACA 133/2004
and other heads is also warranted. We also grant an amount of
Rs.20,000/- towards loss of estate.
Thus, the total compensation is refixed as follows:
| Head of clam | Amount awarded by the Tribunal |
Modified award passed by the Tribunal |
|---|---|---|
| Transport to hospital, | ||
| damage to clothing, | ||
| hospital expenses, funeral | ||
| expenses, etc. | 6000 | 6000 |
| Pain and suffering | 5000 | 10000 |
| Loss of consortium | 6000 | 50000 |
MACA 133/2004
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| Head of clam | Amount awarded by the Tribunal |
Modified award passed by the Tribunal |
|---|---|---|
| Loss of love and affection | 6000 | 50000 |
| Shortened expectation of | ||
| life | 5000 | 5000 |
| Loss of dependency | 360000 | 540000 |
| Loss of estate | 20000 | |
| Total | 681000 |
(Rupees Six Lakhs and Eighty-one thousand only)
The enhanced amount of compensation will carry interest at 9% per annum from the date of petition, subject to the condition that for the period of delay, viz. 2526 days the appellants will not be entitled for interest on the enhanced amount. The insurance company is directed to deposit the amount of compensation within three months, less the amount already deposited. The children will be major now and hence the parties are entitled for withdrawal of the amount of compensation
The appeal is allowed as above. The parties will bear their costs in the appeal.
(T.R. RAMACHANDRAN NAIR, JUDGE.)
(K.P. JYOTHINDRANATH,, JUDGE.)
kav/
MACA 133/2004
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T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ.
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M.A.C.A.No.133 of 2004
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JUDGMENT
18th day of June, 2015
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal in a motor vehicle accident case should be enhanced by this Court on the application of guidelines.
Whether interest on the enhanced compensation amount can be granted considering the inordinate delay in preferring the appeal.
Valsala Samson
Nileema Samson
Nithin Samson
K.C. Varghese
Varkey Chacko
United India Insurance Co. Ltd.
T.R. Ramachandran Nair
K.P. Jyothindranath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
