Allowed

Sajitha v. T.P.Riyas

Kerala HC22 Oct 2021MACA/552/2012

Case brief

AI extract

What is this about?

This Motor Accident Claims Appeal allowed the appellant's claim against the compensation quantum awarded by the Tribunal. The High Court modified the award, enhancing funeral and estate expenses, deducting pain suffering, and granting additional dependency and love-f affection compensation, totaling Rs. 4,07,000 plus interest, while condoning a 369-day delay without interest on that portion.

What did the court decide?

Modified the award; appellant entitled to additional compensation of Rs. 4,07,000 with 9% interest from filing date (excluding 369-day delay period).

Sajitha Vs T.P.Riyas — Specific Performance | Kerala HC (2021)

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MACA No.552 of 2012

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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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FRIDAY, THE 22^ND DAY OF OCTOBER 2021 / 30TH ASWINA, 1943

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MACA NO. 552 OF 2012

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AGAINST THE AWARD IN OPMV 65/2006 OF II ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE

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APPELLANT/CLAIMANT:

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SAJITHA M., WIFE OF BASHEER, AGED 34 YEARS, RESIDING AT MULLALI HOUSE, POLLADIKUNNU, ERANHIKKAL, KOZHIKODE. BY ADVS. SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SRI.P.SHAMSUDDEEN SRI.VIMAL VIJAY SHRI.RESHMA T.R.

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RESPONDENTS/RESPONDENTS:

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1 T.P.RIYAS, S/O.KUNJAYI, RESIDING AT THYVACHA PARAMBIL, KADIYANGAD PARAMBA, PERAMBRA PO., KOZHIKODE DISTRICT, (OWNER OF BUS NO.KL-18/A-5319), PIN 673525.

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2 P.MUSTHAFA, AGED 30 YEARS, S/O.JAMAL, RESIDING AT PAIKAT HOUSE, CHEEKILODE P.O., KOLATHUR AMSOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN 673315. 3 THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD., SAFEER COMPLEX, OPPOSITE YMCA, KANNUR ROAD, KOZHIKODE DISTRICT, PIN 673001. BY ADV P.K.SANTHAMMA, FOR R3

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09.09.2021, THE COURT ON 22.10.2021 DELIVERED THE FOLLOWING:

MACA No.552 of 2012

T.R.RAVI, J.

M.A.C.A.No. 552 of 2012

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Dated this the 22^nd day of October, 2021

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JUDGMENT

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The appeal is filed by the claimant. The appellant's minor

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daughter succumbed to an accident, which was caused by rash and negligent driving by the 2^nd respondent, of a bus belonging to the 1^st respondent. The minor child was 9 years old at the time of her death. The accident happened on 12.11.2004. The Tribunal awarded a sum of Rs.77,000/- as compensation. Aggrieved by the quantum of the compensation, the claimant has filed this appeal.

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The main contention raised by the counsel for the appellant is that the Tribunal went wrong in assessing the compensation under the head loss of dependency as Rs.50,000/-. The counsel submits that going by the decision of this Court in National Insurance Company Limited V. Assainar reported in [2019 (4) KLT 39] , in the case of a minor who died in an accident in the year 2004-2005, a sum of Rs.41,000/- should be taken as the annual income and the multiplier of '15' should be adopted to arrive at the compensation for loss of dependency. It is submitted that one

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MACA No.552 of 2012

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third of the amount is to be deducted towards own expenses of the deceased. The counsel further submits that the Tribunal ought to have granted a sum of Rs.15,000/- towards funeral expenses in the place of Rs.3,000/- and a sum of Rs.15,000/- towards loss of estate. It is further submitted that the amount awarded under the head loss of love and affection is also very less. The counsel for the Insurance Company submitted that as far as loss of consortium is concerned, the amount is liable to be enhanced by a sum of Rs.30,000/-. However, it is submitted that the amount of Rs.10,000/- awarded by the Tribunal towards pain and suffering of the victim is not warranted since the legal representatives cannot claim compensation under the above said head. The above submission is justified.

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Having considered the rival contentions, I am of the opinion that the amount awarded by the Tribunal has to be modified in the following manner:

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An additional sum of Rs.12,000/- is to be awarded towards funeral expenses. A sum of Rs.15,000/- is to be awarded towards loss of estate. The amount of Rs.10,000/- awarded towards pain and suffering has to be deducted from the total compensation. The appellant is entitled to an amount of Rs.4,10,000/- towards loss of dependency and after deducting the sum of Rs.50,000/- which has already been awarded, the appellant is entitled to a sum of

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MACA No.552 of 2012

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Rs.3,60,000/- in addition. An additional sum of Rs.30,000/- is to be granted towards loss of love an affection. The appeal was filed with a delay of 369 days. The delay was condoned by order dated 22.03.2012 on condition that the enhanced compensation which may be allowed will not carry interest for the period of 369 days.

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In the result, the award passed by the Tribunal is modified. The appellant will be entitled to an additional compensation of Rs.4,07,000/- (Four Lakhs Seven Thousand only) with interest at the rate of 9% per annum from the date of filing the petition till the date of realisation, with proportionate costs, excluding the period of delay of 369 days. The 3^rd respondent insurer shall deposit the additional compensation granted in this appeal along with the interest and proportionate costs, before the Tribunal within two 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 appellant shall be in accordance with law.

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Sajitha v. T.P.Riyas

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Sajitha v. T.P.Riyas

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