Partly allowed

National Insurance Company Limited v. Shaji, S/O.Ayyappan

Kerala HC10 Jun 2022MACA/2039/2018

Case brief

AI extract

What is this about?

The High Court in an appeals jurisdiction, reviewing the compensation awarded by the Motor Accident Claims Tribunal for the death of a deceased who was a computer data entry operator. The court re-calculated the compensation amount based on Supreme Court precedents regarding head-wise awards and future prospects, reducing the total from Rs.17,20,000 to Rs.16,42,000.

What did the court decide?

The appeal is partly allowed. The total compensation awarded by the Tribunal is re-fixed to Rs.16,42,000/- with 9% interest from the date of petition.

National Insurance Company Limited Vs Shaji, S/O.Ayyappan — Motor Accident Claims | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶4

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

¶5

M.A.C.A. NO.2039 OF 2018

¶6

(AGAINST THE AWARD DATED 24.10.2017 IN OPMV 687/2015

¶7

MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR)

¶8

APPELLANT/3RD RESPONDENT:

¶9

NATIONAL INSURANCE COMPANY LIMITED, ERNAKULAM, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, KOCHI REGIONAL OFFICE, OMANA BUILDING, M.G ROAD, KOCHI 35.

¶10

BY ADVS. SRI.P.JACOB MATHEW

¶11

SRI. MATHEWS JACOB

¶12

RESPONDENT/PETITIONERS:

¶13

1 SHAJI, S/O.AYYAPPAN, CHITTETH HOUSE, CHIRAKKAKAM KARA, VARAPPUZHA VILLAGE, PIN 683 517.

¶14

2 SHEELA, W/O.SHAJI, CHITTETH HOUSE, CHIRAKKAKAM KARA, VARAPPUZHA VILLAGE, PIN 683 517.

¶15

3 SUBIN, S/O.SHAJI, CHITTETH HOUSE, CHIRAKKAKAM KARA, VARAPPUZHA VILLAGE, PIN 683 517. BY ADV A.N.SANTHOSH

¶16

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

¶17

MACA No.2039 of 2018

¶18

¶19

JUDGMENT

¶20

(Dated:10^th June, 2022)

¶21

The 3^rd respondent in O.P.(M.V.) 687 of 2015 on the file of the Motor Accident Claims Tribunal, North Paravur is the appellant herein. The respondents 1 to 3 filed a petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of one Shabin C.Shaji.

¶22

On 07.06.2015 at about 5.30 p.m., the deceased was riding a motor cycle bearing registration No.KL42/J-1666 along the Ernakulam-North Paravur road from north to south and when he reached near Varappuzha, the 1^st respondent drove the motor cycle bearing registration No.KL-7/CC-7245, in a rash and negligent manner with high speed, came from the opposite direction hit on the motor cycle. Due to the hit, the rider of the motor cycle sustained serious injuries. Though he was

¶23

¶24

MACA No.2039 of 2018

¶25

immediately taken to Aster Medicity, Cheranalloor, he succumbed to the injuries on the same day. The deceased was a computer data entry operator, from which he was getting Rs.20,000/- per month. The petitioners claimed Rs.15,00,000/- towards compensation. The Tribunal

¶26

relying on Exts.A1 to A5, awarded a compensation of Rs.17,20,000/-, to be paid jointly to respondents 1 to 3 with 9% interest from the date of petition.

¶27

Sri.Mathews Jacob, learned senior counsel

¶28

appearing for the appellant submits that though the Tribunal has made an observation that the 3^rd respondent

¶29

has not filed any written statement, in fact a written statement was filed with an application to accept the same. The amounts awarded by the Tribunal on various heads are excessive and against the judgment of the Apex Court.

¶30

The counsel for the respondents

¶31

Sri.A.N.Santhosh submits that the amount of compensation

¶32

awarded is reasonable, taking into consideration of the

¶33

¶34

MACA No.2039 of 2018

¶35

income of the deceased as well as other factors regarding loss of consortium and loss of dependency etc., Therefore, no interference is warranted.

¶36

One of the main contention raised by the counsel for the appellant is that, for love and affection, the Tribunal awarded Rs.2,00,000/-; For the head loss of consortium – nothing was awarded. As per the decision reported in Magma General Insurance Co.

¶37

Ltd. V. Nanu Ram Alias Chuhru Ram & Others [(2018) 18

¶38

SCC 130] , the maximum consortium that can be given to parents and brother of the deceased is at the rate of Rs.40,000/- each. Moreover, it is held in National Insurance Company v. Pranay Sethi [(2017) 16 SCC 680] , a Constitutional Bench held that, 10% appreciation can be given for every three years. Taking into consideration of both these dictums, the consortium which can be awarded to the petitioners is Rs.88,000/-. Hence the amount of compensation awarded under the head love and

¶39

affection as Rs.2,00,000/- is brought down to

¶40

¶41

MACA No.2039 of 2018

¶42

Rs.88,000/-. As far as loss of estate is concerned, Rs.25,000/- is awarded. Based on the decision of the Apex Court in National Insurance Company v. Pranay Sethi [(2017) 16 SCC 680] , the maximum that can be awarded is Rs.15,000/-, hence the amount awarded for loss of estate

¶43

is re-fixed at Rs.15,000/-; For funeral expenses, the amount awarded is Rs.25,000/-, which is brought down to Rs.15,000/-. As far as loss of dependancy is concerned, the Tribunal took the notional income as Rs.9,000/-, as

¶44

the deceased being a student aged 18 years. As per the decision reported in Ramachandrappa v. Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236] , the notional income to be taken, for an accident case, which happened in the year 2015 is Rs.10,000/-. But the Tribunal had taken 50% as future prospects.

¶45

As per the decision reported in National

¶46

Insurance Company v. Pranay Sethi (2017) 16 SCC 680 , the future prospects to be taken for a person who is having self employment below the age of 40 years is 40%. Since

¶47

MACA No.2039 of 2018

¶48

¶49

the deceased was aged 18 years, the future prospects can only be taken at the rate of 40% whereas the Tribunal has taken it as 50%. Hence, the calculation has to be worked out as 1000 x 140 / 100 x 12 x 18 x 50% = 15,12,000/-. Thus the total compensation which the petitioners are entitled to is fixed at Rs.16,42,000/-. The tribunal has already awarded Rs.17,20,000/-. As per the new calculation, the claimants are entitled only to Rs.16,42,000/-.

¶50

In the result, the appeal is partly allowed and the total compensation awarded by the Tribunal is re-fixed to Rs.16,42,000/- with 9% interest from the date of petition with proportionate cost.

¶51

Sd/- BASANT BALAJI, JUDGE

¶52

National Insurance Company Limited v. Shaji, S/O.Ayyappan

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited v. Shaji, S/O.Ayyappan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shakeena K Vs Abdul Rahiman

Jaseentha George @ Jessy Geroge Vs T.K.Philip

Gopakumar Vs Geethu.T.Balan

Praseed Mammen, Vs John Thomas

C.J.George Vs Balakrishnan.K.S.

National Insurance Co.Ltd Vs Kadeejumma