Partly allowed

C.J.George v. Balakrishnan.K.S.

Kerala HC10 Jun 2022MACA/1708/2012

Case brief

AI extract

What is this about?

In Motor Accident Claims Appeal No.1708 of 2012, the High Court enhanced the compensation awarded by the Tribunal for the death of a brother. The Court increased loss of estate to Rs.15,000, adjusted death benefits and funeral expenses, and awarded Rs.1000 for damaged clothing, resulting in a total of Rs.58,000 with 8% interest.

What did the court decide?

Total compensation fixed at Rs.58,000 with interest at 8% per annum from the date of petition.

C.J.George Vs Balakrishnan.K.S. — 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 BASANT BALAJI

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FRIDAY, THE 10^TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944

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M.A.C.A. NO.1708 OF 2012

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(AGAINST THE AWARD DATED 23.3.2012 IN OPMV 376/2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM)

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APPELLANTS/PETITIONERS:

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1 C.J.GEORGE, S/O.LATE C.V.JACOB, (S/O. LATE BROTHER OF DECEASED) CHAZHOOR HOUSE, "JORDAN", AZHEEKKAL P.O.-682 510.

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2 C.J.CICILY, D/O.LATE C.V.JACOB, (D/O. LATE BROTHER OF DECEASED) CHAZHOOR HOUSE, "JORDAN", AZHEEKKAL P.O.-682 510.

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3 STANLY CHAZHOOR, S/O.LATE C.V.JACOB, (S/O. LATE BROTHER OF DECEASED), CHAZHOOR HOUSE, "JORDAN", AZHEEKKAL P.O.-682 510.

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4 C.J.ALPHONSA, W/O.K.K.THOMAS, D/O.LATE BROTHER OF DECEASED), KANNANAIKKAL HOUSE, KURISSUPALLY ROAD, MATTOM P.O., 5 C.J. PAULIN, W/O.DAVIS, D/O.LATE BROTHER OF DECEASED, THARAKAN HOUSE, 4TH STONE, ARIMBOOR P.O., 6 C.J.EMILY, W/O.JOY, D/O. LATE BROTHER OF DECEASED, 6.374, MARUTHUPANDI STREET, LAKSHMI NAGAR, POZHICHALOOR P.O. CHENNAI, BY ADVS. SRI.SHEJI P.ABRAHAM SRI.O.K.MURALEEDHARAN

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RESPONDENTS/RESPONDENTS:

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1 BALAKRISHNAN.K.S., S/O.SANKARA KURUP, VELLOOR HOUSE, THIROOR P.O., M.G.KAVU, THRISSUR (OWNER CUM DRIVER OF KL 08 AQ4201 AUTO RICKSHAW)

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2 CHOLAMANDALAM, M/S GENERAL INSURANCE CO. LTD,. BRANCH OFFICE, OTTAPALAM, POLICY NO.3368/00319656/600/00 VALID FROM 23/4/2009 TO

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MACA No.1708/2012

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22/2/2010. BY ADVS. MATHEWS JACOB (SR.) P.JACOB MATHEW

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA No.1708/2012

JUDGMENT

(Dated:10^th June, 2022)

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The petitioners 1 to 6 in O.P.(M.V.)No.376 of

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2010 on the file of the Motor Accidents Claims Tribunal, Ottappalam are the appellants. Through this appeal, the appellants seek enhancement of compensation.

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The counsel for the appellants submits that the deceased was a lawyer by profession, aged 77 years and taking the income of the deceased as Rs.2,000/- is on the lower side. Towards pain and suffering no amounts were paid by the Tribunal.

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It is seen from the award of the Tribunal,

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for loss of estate, the Tribunal awarded

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MACA No.1708/2012

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Rs.40,000/-, the maximum amount that can be awarded under the head loss of estate as per the decision of the Apex Court in National Insurance Company v. Pranay Sethi [(2017) 16 SCC 680] , is only Rs.15,000/-. But at the same time, for funeral expenses the Tribunal has awarded only Rs.5,000/-. Relying on the decision cited (supra), the same has to be raised to Rs.15,000/-. As far as love and affection is concerned, the petitioners were granted only Rs.10,000/-. The petitioners are the children of the brother of the deceased. I am inclined to enhance the same by another 15,000/-. For damage of clothing, though Rs.10,000/- was claimed, nothing was awarded. Hence the petitioners are entitled to Rs.1,000/- towards damage to clothing.

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Resultantly, the award of the Tribunal is modified and the total compensation is re-fixed at

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MACA No.1708/2012

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Rs.58,000/- (Rupees fifty eight thousand only) with interest at the rate of 8% per annum from the date of petition, till realisation.

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Sd/-

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BASANT BALAJI, JUDGE

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C.J.George v. Balakrishnan.K.S.

Case brief

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C.J.George v. Balakrishnan.K.S.

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