Allowed

Hemalatha v. Oriental Insurance Co.Ltd

Kerala HC9 Sept 2021MACA/2366/2014

Case brief

AI extract

What is this about?

The High Court of Kerala, in a claims appeal, modified the Motor Accident Claims Tribunal award. The Court enhanced the notional income of the deceased from Rs. 4,025 to Rs. 6,900 and granted an additional Rs. 2,17,000 as enhanced compensation under the heads of loss of dependency and loss of estate, along with 9% interest.

What did the court decide?

Additional compensation of Rs. 2,17,000 granted along with 9% interest from 28.08.2008 till realization; Tribunal award modified.

Hemalatha Vs Oriental Insurance Co.Ltd — Motor Accident Claims | Kerala HC (2021)

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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 T.R.RAVI

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THURSDAY, THE 9^TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943

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MACA NO. 2366 OF 2014

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AGAINST THE AWARD DATED 12.07.2013 IN OP(MV)NO. 817/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD

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APPELLANTS/PETITIONERS:

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1 HEMALATHA

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AGED 55 YEARS W/O LATE RAMACHANDRAN

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2 R BINISH KUMAR AGED 36 YEARS S/O LATE RAMACHANDRAN

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3 R. NISHAKUMARI AGED 34 YEARS D/O LATE RAMACHANDRAN

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4 R. DINESH KUMAR AGED 33 YEARS S/O LATE RAMACHANDRAN ALL APPELLANTS ARE RESIDING AT NISHA NIVAS, SAKTHI NAGAR, KANJIKODE WEST, PALAKKAD

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BY ADV SRI.JACOB SEBASTIAN

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RESPONDENT/RESPONDENT NO.3:

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ORIENTAL INSURANCE CO.LTD SHOBHA COMPLEX, PALAKKAD,PIN-678001

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BY ADVS. SRI.M.JACOB MURICKAN SRI.K.S.SANTHI

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 2366 OF 2014

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JUDGMENT

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The appellants are the legal heirs of late Sri.Ramachandran, who died in a motor vehicle accident on 05.12.2007. The appeal has been filed claiming enhanced compensation.

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2. The case of the appellants is that, while Sri.Ramachandran was riding his motor bike on 05.12.2007 it was hit by a tempo van, which was being driven in a rash and negligent manner. Sri.Ramachandran succumbed to the injuries. He was 58 years at the time of accident and was a dealer of Milma. The appellants claimed that he was earning a monthly salary of 6,000/- per month. The Tribunal₹ by Award dated 12.07.2013 granted a sum of ₹4,44,800/- as compensation. While fixing the compensation the Tribunal fixed the notional income of the deceased at ₹4,025/-. The above amount was arrived at by assuming a mean income of 3,500/- per₹ month and an enhancement of 15% towards future prospects, considering the age of the deceased. The contention of the appellants is that there was no

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MACA NO. 2366 OF 2014

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reason to reduce the amount of monthly income from ₹6,000/- to 3,500/-. Reliance is placed on Exts.A8 &₹ A9 to show that the deceased was a dealer of Milma products and that he was earning the income that has been claimed. The appellants also claimed that the amount granted towards loss of estate was only ₹5,000/- and that they are entitled to get ₹15,000 /- under that head. Another contention is that no amount has been granted towards loss of amenities.

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3. The learned counsel for the insurer pointed out that an amount of 1,00,000/- was granted towards₹ loss consortium as against ₹20,000/- which was claimed and that an amount of 25,000/- was granted₹ towards funeral expense even though no claim was made under that head. It is hence submitted that there is no reason to grant compensation under the head loss of amenities for which also there was no claim made before the Tribunal.

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4. After hearing the learned counsel for the appellants and the learned counsel for the insurer,

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I am of the opinion that the appellants are entitled

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MACA NO. 2366 OF 2014

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to get enhanced compensation under the head loss of dependency and loss of estate. There is no reason to disbelieve Exts.A8 & A9 and I find that the notional

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income of the deceased is to be fixed at 6,000/-₹ instead of 3,500/-. Adding 15% of the income₹ towards future prospects the notional monthly income will be 6,900/-. An additional sum of 10,000/- is₹ ₹ also to be granted towards loss of estate. Making the above changes, the appellants will be entitled to get a sum of 4,96,800/- under the head loss of₹ dependency. After deducting ₹2,89,800/- already granted by the Tribunal, the appellants will be entitled to get a sum of 2,07,000/- u₹ nder the head loss of dependency. Thus the appellants will be entitled to a total sum of 2,17,000/- (₹ ₹10,000 + ₹2,07,000) as enhanced compensation.

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In the result, the award passed by the Motor Accident Claims Tribunal, Palakkad is modified granting an additional compensation of 2,17,000/-₹ along with 9% interest from the date of the petition (28.08.2008) till realisation. The respondent shall

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MACA NO. 2366 OF 2014

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deposit the enhanced compensation awarded by this Court along with interest at the rate of 9% per annum from the date of the petition (28.08.2008) till the date of payment, within 2 months from the date of receipt of a certified copy of this judgment after deducting any amount to which the appellant is liable towards balance court fee and legal benefit fund. The disbursement of the compensation to the appellants shall be in accordance with law.

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Sd/-

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T.R.RAVI JUDGE

Hemalatha v. Oriental Insurance Co.Ltd

Case brief

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What did the court decide?

Hemalatha v. Oriental Insurance Co.Ltd

Case brief

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