Dismissed

The Oriental Insurance Company Limited v. Jisha

Kerala HC16 Nov 2018MACA/1772/2012

Case brief

AI extract

What is this about?

The High Court of Kerala rejected the Motor Insurance Company's appeal. Upholding the Tribunal's determination of Rs.7,500/- monthly income for the deceased Carpenter, the Court held that given the age and skill of the deceased, the Tribunal's assessment was not unreasonable under Supreme Court precedents.

What did the court decide?

Appeal against the Tribunal's adoption of Rs.7,500/- as monthly income rejected; parties left to bear respective costs.

The Oriental Insurance Company Limited Vs Jisha — Insurance | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940

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MACA.No.1772 of 2012

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AGAINST THE AWARD IN OP(MV)NO.1421/2007 DATED 25-04-2012 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA

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APPELLANT/3RD RESPONDENT:

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THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18.

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BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW

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RESPONDENTS/PETITIONERS:

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1 JISHA, W/O.BIJU @ VIJU, VELEETHARA VEED, PANAVALLY, WARD-2, THRICHATTUKULAM P.O., CHERTHALA-678 315.

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2 SIVANI (MINOR),D/O.JISHA, REPRESENTED BY HER MOTHER AND GUARDIAN JISHA, VELEETHARA VEED, PANAVALLY, WARD-2, THRICHATTUKULAM P.O., CHERTHALA-678 315.

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3 KOCHAMMINI, D/O.KURUMBA, VELEETHARA VEED, PANAVALLY, WARD-2, THRICHATTUKULAM P.O., CHERTHALA-678 315.

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BY ADVS. SRI.L.JAYAWANTH SRI.V.L.SHENOY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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- 2 -

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MACA.No.1772 of 2012

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JUDGMENT

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The appeal filed by the Insurance Company is against the adoption of Rs.7,500/- as monthly income of the deceased, by the Tribunal.

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2. The injured in the accident died and the widow, mother and minor children were before the Tribunal claiming compensation. The deceased was asserted to be working as Carpenter-cum-Contractor, who was aged 28 years when he met with the accident and died. The accident occurred while he was driving a motor-bike and the same was hit by a lorry. The lorry was found to be the offending vehicle, which was covered by a valid insurance policy. There was no allegation of violation of the policy conditions.

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3. The claimants asserted a monthly income of Rs.9,000/-. The employer of the deceased was examined, who deposed Rs.250/- as daily wages plus other benefits. There was also an income certificate issued by the Village Officer, which was marked through the Village Officer, who was examined as P.W.1., which showed an annual income of Rs.90,000/-. Based on the certificate issued by the Village Officer, the Tribunal adopted Rs.7,500/- as the monthly income. The Insurance Company is aggrieved with the income so adopted.

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MACA.No.1772 of 2012 - 3 -

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4. It has to be noticed that the accident occurred

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in the year 2007. In Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], the Hon’ble Supreme Court, in the year 2004 had taken the notional income of Rs.4,500/- for a coolie. There is sufficient evidence in the above case to show that the deceased was a Carpenter, a skilled worker. It is also to be noticed that the Tribunal had not computed any future prospects for the deceased who was aged 28 years when he met with the accident which led to his death. In such circumstances, this Court does not find any reason to hold that adoption of the monthly income of the deceased at Rs.7,500/- by the Tribunal to be unreasonable and the appeal, hence, stands rejected. Parties are left to suffer their respective costs.

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Sd/-

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K.VINOD CHANDRAN JUDGE

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Vku/-

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[true copy]

The Oriental Insurance Company Limited v. Jisha

Case brief

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The Oriental Insurance Company Limited v. Jisha

Case brief

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