Allowed

Balanandan v. M.X.George

Kerala HC6 Mar 2023MACA/530/2007

Case brief

AI extract

What is this about?

High Court allowed motor accident appeal, enhancing compensation from Rs. 1.62 lakh to Rs. 5.005 lakh by fixing monthly income at Rs. 2,500, multiplier at 18, and adding 40% future prospects. Court obliterated awards for pain and suffering and love and affection, granting consortium and funeral expenses per Pranay Sethi and Oriental Insurance precedents.

What did the court decide?

Compensation increased to Rs. 5,00,500 payable to appellants with interest at 7% from petition date unless earlier paid.

Balanandan Vs M.X.George — Motor Accident Claims | Kerala HC (2023)

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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 6^TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944

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MACA NO. 530 OF 2007

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AGAINST THE AWARD IN OPMV 2983/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM

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APPELLANTS/PETITIONERSS:

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1 BALANANDAN, AGED 73 YEARS, SON OF SRI.KOCHINTAN

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2 KALYANI AGED 71 YEARS WIFE OF SRI.BALANANDAN,, BOTH APPELLANTS ARE RESIDING AT PUTHENPURAKKAL HOUSE, PUTHENPURAKKAL ROAD, PALARIVATTOM,, KOCHI- 682 025.

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BY ADVS. SRI.ANIL S.RAJ SMT.ANILA PETER SMT.MANJUSHA MOHANDAS, RAJANI K N

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RESPONDENTS/RESPONDENTS:

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1 M.X.GEORGE, S/O.XAVIER, MEPPATH HOUSE, VYTTILA, COCHIN 682 019.

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2 RATHIMON E.S. S/O.SIVAN EERATHARA HOUSE, NORTH OF SARAVANA BHAVAN TEMPLE, KUDAVECHOOR KARA, VECHOOR VILLAGE, VAIKOM TALUK. 3 THE UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, COCHIN 682016. BY ADVS. SMT.S.JAYASREE SRI.NIREESH MATHEW

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A.530/2007

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C.JAYACHANDRAN, J

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M.A.C.A.No.530 of 2007

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Dated this the 6^th day of March, 2023

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J U D G M E N T

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The claimants in O.P(M.V).No.2983 of 1999 of the

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Motor Accident Claims Tribunal, Ernakulam are the appellants. They are the parents of the deceased,

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who succumbed to the injuries caused in an accident, which occurred on 25.09.1999. The deceased was 25

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years at the time of the accident and he was a two wheeler mechanic. The appeal is essentially focused on enhancing the amount of compensation granted by the Tribunal.

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2. Heard Smt.Rajani K.N, learned counsel for the appellants and Smt.Jayasree S, learned counsel for

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the third respondent/insurance company. Perused the records.

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M.A.C.A.530/2007

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3. The first point canvassed by the learned counsel

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for the appellant is with respect to the notional monthly income reckoned by the Tribunal. As against Rs.4,500/- claimed, the Tribunal reckoned only Rs.1,500/-. Taking cue from the index available in

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Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236], this Court is of the opinion that, it would be just and reasonable to fix the monthly income at Rs.2,500/especially looking at the claim that the deceased was working as a two wheeler mechanic at the time of the accident. It is so fixed. The multiplier applied by the Tribunal is 11, which is also wrong and the correct multiplier is 18, in respect of which, both the counsel are at ad idem. The

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multiplier is fixed at 18.

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4. Future prospects has not been reckoned at all. Going by the larger Bench decision in National Insurance Co. Ltd. v. Pranay Sethi [2017(4) KLT 662

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M.A.C.A.530/2007

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(SC)] , 40% of the income is liable to be reckoned towards future prospects.

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5. A total sum of Rs.5,000/- is seen awarded by the Tribunal towards transportation expenses, funeral expenses etc., which course cannot be sustained. This Court fixes a sum of Rs.1,500/- towards transportation expenses. As regards 'funeral expenses' and 'loss of estate', as held by the Honourable Supreme Court in Pranay Sethi supra, the claimants are entitled to Rs.15,000/- each. It is so fixed. Under both the heads, the appellants are also entitled to 10% increase as contemplated in Pranay Sethi supra.

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6. Again, instead of consortium, a sum of

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Rs.15,000/- is seen granted under the head 'love and affection'. The claimants, being the parents, are entitled to consortium at the rate of Rs.40,000/each, along with 10% increase in terms of Pranay

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Sethi supra. The sum awarded under the head 'love

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M.A.C.A.530/2007

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and affection' has to be obliterated.

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7. Similarly, a sum of Rs.10,000/- is also seen granted under the head 'pain and suffering', which also is liable to be obliterated going by the judgment of the Honourable Supreme Court in Oriental Insurance Company v . Kahlon [AIR 2021 SC 3913].

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8. In the circumstances, this M.A.C.A is allowed and the compensation amount payable to the claimants/appellants is reworked as indicated in the

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tabular statement herebelow.

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Sl. No.	Head of Claim	Amount awarded by the Tribunal	Total amount after enhancement in appeal
1	Transportation	5000	1500
2	Funeral Expenses		16,500 [15000+(15000x10/100)]
3	Loss of Estate		16,500 [15000+(15000x10/100)]
4	Pain and Suffering	10000	-
5	Loss of Love and Affection	15000	-
6	Loss of Consortium	-	88,000 [40,000x2]x110/100]

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M.A.C.A.530/2007

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7	Loss of Dependency	1,32,000	3,78,000 *
	Total	1,62,000	5,00,500

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Amount enhanced = Rs. 5,00,500 – Rs. 1,62,000 = Rs.3,38,500/-

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[ 2,500 x 12 x 18 x 1/2 x 140/100]*

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9 . 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 amount, at the rate of 7% from the date of petition. If any amount has already been paid, the same shall be granted set off.

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10. The claimant shall produce the details of the Bank account before the Insurance Company/Tribunal within two months from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through

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NEFT/RTGS mode, within a period of one month thereafter. If the Bank account is not given within

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the time stipulated, it is made clear that, no interest shall run on the enhanced amount after the

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M.A.C.A.530/2007

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period stipulated by this Court. However, if the Insurance Company fails to deposit the amount, as directed, interest on the enhanced amount shall also run at the rate ordered by the Tribunal from the date of petition.

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The appeal is allowed to the above extent.

Sd/-

C.JAYACHANDRAN

JUDGE

Sbna/

Balanandan v. M.X.George

Case brief

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Balanandan v. M.X.George

Case brief

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