Allowed

Bhaskaran v. Aboobacker V.M.

Kerala HC22 Aug 2022MACA/1336/2012

Case brief

AI extract

What is this about?

The High Court allowed Motor Accidents Claim Appeal MACA No. 1336 of 2012, enhancing compensation awarded to legal heirs of a deceased motor accident victim. The Court recalculated loss of dependency, funeral, and estate losses, while disallowing pain and suffering and loss of love and affection claims.

What did the court decide?

Award enhanced compensation of Rs. 9,54,376 including enhancement for loss of dependency, funeral expenses, loss of estate, and consortium.

Bhaskaran Vs Aboobacker V.M. — Motor Accident Claims | Kerala HC (2022)

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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 C. JAYACHANDRAN

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MONDAY, THE 22^ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944

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MACA NO. 1336 OF 2012

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AGAINST THE AWARD DATED 11.05.2011 IN O.P.(MV) NO.1826/2006 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM.

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APPELLANT/ADDITIONAL PETITIONERS 2 TO 6:

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1 BHASKARAN,

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S/O.GOPALAN, AGED 66 YEARS, CHUMATHARAPARAMBILHOUSE, SDPY ROAD, PALLURUTHY, KOCHI-6.

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2 SANTHA,

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W/O.BHASKARAN, CHUMATHARAPARAMBIL HOUSE, SDPY ROAD,PALLURUTHY, KOCHI-6.

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3 AJITHA,

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D/O.BHASKARAN, CHUMATHARAPARAMBIL HOUSE, SDPY ROAD,PALLURUTHY, KOCHI-6.

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4 ANIL KUMAR,

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S/O.BHASKARAN, CHUMATHARAPARAMBIL HOUSE, SDPY ROAD,PALLURUTHY, KOCHI-6.

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5 ABHILASH,

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S/O.BHASKARAN, CHUMATHARAPARAMBIL HOUSE, SDPY ROAD,PALLURUTHY, KOCHI-6.

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BY ADVS.SRI.C.ARUN PRASANTH SRI.A.S.BRIJESH

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SMT.ROOPA RAMACHANDRAN

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RESPONDENTS/RESPONDENTS 1 TO 3:

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1 ABOOBACKER V.M., VADAKENATH HOUSE, VENNALA P.O., KOCHI-682 032.

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2 NAZARKHAN A. NOUSHAD, S/O.ABDULLA KHAN, HOUSE NO.1/783, FORT KOCHI, KOCHI – 682 001.

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-2-

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MACA NO. 1336 OF 2012

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3 THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH NO.1, WISDOM COLLGE BUILDING, CHITTOOR ROAD,KOCHI-682 016.

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BY ADV.SRI.P.JACOB MATHEW

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 1336 OF 2012

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C.JAYACHANDRAN, J.

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MACA N o.1336 of 2012

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---------------------------------------Dated this the 22^nd day of August, 2022

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JUDGMENT

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The legal heirs of the injured, who succumbed

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to the injuries after prolonged treatment for a period of four years, are the appellants herein. The claim was originally preferred by the injured.

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Pursuant to his death, his legal heirs got impleaded. In this appeal, the appellants challenge the award dated 11.05.2011 in O.P.(MV) No.1826/2006 of the Motor Accidents Claims Tribunal, Ernakulam, essentially on the

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insufficiency of the compensation awarded by the Tribunal.

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Heard the learned counsel for the

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petitioners/appellants and the learned counsel for

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the 3^rd respondent Insurance Company. Perused the records.

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MACA NO. 1336 OF 2012

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Learned counsel for the petitioners

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pointed out that the 1^st petitioner in O.P(MV) was a welder at the time of accident. However, no proof of the said avocation was produced before the Tribunal. The Tribunal reckoned the monthly income at Rs.3,500/-. However, this Court finds that going by the index specified in Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236] , the notional income pertaining to the year 2005 (the accident took place on 07.02.2005) is Rs.5,000/-, which is liable to be reckoned.

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The second ground is that no amount has been granted towards future prospects. Going by the judgment of the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi [2017 (4) KLT 662 (SC)] and Sarala Verma v. Delhi Transport

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Corporation [2010 (2) KLT 802 (SC)] , the 1^st

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petitioner, who was aged 29 years at the time of accident, is entitled to 40% of the notional

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-5-

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MACA NO. 1336 OF 2012

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income reckoned towards future prospects. This Court finds force in the submission made by the learned counsel for the petitioners, which is liable to be accepted. The 1^st petitioner being a bachelor, one half of the amount is liable to be

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deducted towards personal expenses.

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The third ground is with respect to the multiplier applied. Going by the age of the deceased at the time of accident, the correct multiplier which ought to have been applied is 17, whereas the Tribunal reckoned the multiplier at 9, which also is liable to be corrected.

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consortium. It is indisputed that the victim died as direct consequence of the accident, although after prolonged treatment for 4 years. Going by

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the judgment in National Insurance Co. Ltd. v.

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Pranay Sethi [2017 (4) KLT 662 (SC)] the parents of the victim are entitled to consortium at the rate of Rs.40,000/- each. Accordingly, appellants

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MACA NO. 1336 OF 2012

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1 and 2 are entitled for compensation under the

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head consortium. Appellants 3 to 5 being siblings are not entitled to consortium.

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Simultaneous with this, it requires to be noticed that compensation on account of love and affection granted by the Tribunal at Rs.20,000/- has to be obliterated. Similarly, compensation on account of pain and suffering is not liable to be granted in cases of death as held by the Hon'ble Supreme Court in Oriental Insurance Co. v. Kehlon (Civil Appeal No.4800 of 2021] .

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The funeral expenses granted at Rs.5,000/-

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by Tribunal is liable to be enhanced to Rs.15,000/-. Similarly, the claimants are also entitled to Rs.15,000/- on account of loss of estate.

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Resultantly, this MACA is allowed and the amount payable to the petitioners/appellants towards compensation is recalculated as indicated in the table below:

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-7-

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MACA NO. 1336 OF 2012

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Sl No	Head of claim	Amount awarded	Total amount after enhancement in appeal (Rs.)
1	Loss of dependency	1,89,000	* 7,14,000
2	Transport expenses	3,000	3,000
3	Funeral expenses	5,000	15,000
4	Medical expenses	1,27,376	1,27,376
5	Compensation for pain and sufferings	30,000	Nil
6	Compensation for loss of love and affection	20,000	Nil
7	Loss of consortium	Nil	80,000 (40,000 x 2)
8	Loss of estate	Nil	15,000
	Total	3,74,376	9,54,376
	Amount enhanced =Rs.5,	80,000/- (9,54	,376 - 3,74,376)
	* (5000x40/100)= (2000	+5000)x12-1/2x1	7 = 7,14,000

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The Insurance Company shall pay interest for the amount awarded by the Tribunal at the rate directed in the impugned award; and for the enhanced amounts at the rate of 8% from the date of petition. If any amount has already been paid,

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-8-

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MACA NO. 1336 OF 2012

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the same shall be granted set off. The claimant shall produce the details of the Bank account before the Insurance Company/Tribunal within one month from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of one month thereafter. If the Bank account is not furnished within the time stipulated, it is made clear that no interest shall run on the enhanced amount after the period stipulated by this Court. However, if the Insurance Company fails to deposit the amount as directed, interest on enhanced amount shall also run at the rate ordered by the Tribunal from the date of petition.

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Sd/-

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C. JAYACHANDRAN JUDGE

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bpr

Bhaskaran v. Aboobacker V.M.

Case brief

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Bhaskaran v. Aboobacker V.M.

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