Partly allowed

Nafeesa v. the National Insurance Co.Ltd

Kerala HC4 Jul 2024MACA/334/2019

Case brief

AI extract

What is this about?

The Motor Accidents Claims Tribunal awarded compensation for a fatal accident. The High Court enhanced the notional income based on Ramachandrappa precedent, recalculated loss of dependency, and increased loss of consortium for four legal heirs, allowing the appeal in part.

What did the court decide?

Additional compensation of Rs. 3,42,000 awarded with interest @ 8% from date of petition till realization and proportionate costs.

Nafeesa Vs the National Insurance Co.Ltd — Motor Accident Claims | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶4

THURSDAY, THE 4TH DAY OF JULY 2024 / 13TH ASHADHA, 1946

¶5

MACA NO. 334 OF 2019

¶6

AGAINST THE AWARD DATED 10.08.2018 IN OPMV NO.1179 OF 2017 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE

¶7

APPELLANTS/PETITIONERS:

¶8

1 NAFEESA

¶9

AGED 54 YEARS
S/O.ABDULLAKOYA (LATE),
 RESIDING AT THEKKEVALAPPIL HOUSE, POOKKAD,
THIRUVANGOOR P.O., CHEMANCHERY, KOZHIKODE-673 304
2FAREEDA SAHEER
AGED 34 YEARS
W/O. SAHEER, RESIDING AT PARADAN HOUSE,
TREATMENTYARD COLONY, P.O.KOLATHARA, KOZHIKODE-673 655
3SAMEEHA P.P.
AGED 30 YEARS
W/O. RIYAS P.P., RESIDING AT 3/145, RAFEEQ MANZIL,
M.D.MENON COMPOUND, WEST NADAKKAVU, KOZHIKODE-673 011
4AASIYA
AGED 89 YEARS
W/O. USSANKOYA, RSIDING AT 856 PUTHAN PEEDIKAYIL,
KATTILPEEDIKA, VENGALAM POST, ELATHUR,
KOZHIKODE-673 303
BY ADV AVM.SALAHUDIN

¶10

RESPONDENT/2ND RESPONDENT:

¶11

THE NATIONAL INSURANCE CO.LTD
DIVISIONAL OFFICE-II, NOOR COMPLEX, NEAR SBT,
ARAYDATHUPALAM, MAVOOR ROAD, KOZHIKODE-673 004
BY ADV SRI.P.G.GANAPPAN

¶12

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 04.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

¶14

MACA NO. 334 OF 2019

¶15

JUDGMENT Dated this the 4^th day of July, 2024

¶16

This appeal has been filed by the claimants in OP(MV) No.1179 of 2017 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The respondent herein is the second respondent before the Tribunal.

¶17

According to the appellants, on 19.01.2017, at about 2.30 p.m, while the deceased was travelling in a motorcycle bearing registration No.KL-18-R-4812 as a pillion rider from Pooladikunnu to Vengalam N.H.Road, due to the negligence of the rider of the motorcycle, it hit on the iron bar fixed on the right side of the road and thereafter, the vehicle was capsized. The deceased was thrown out from the motorcycle and he succumbed to the injuries. The appellants approached the Tribunal claiming a total compensation of ₹5,10,000/-.

¶18

The respondent-insurer filed a written statement, admitting the insurance policy, but disputing the quantum of compensation claimed. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A4 were marked on the side of the appellants. No documentary evidence was marked

¶19

¶20

MACA NO. 334 OF 2019

¶21

on the side of the respondent. The Tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹5,62,000/- as compensation under different heads with interest @ 9% per annum from the date of petition, till realization, against the respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants have come up in appeal.

¶22

Heard the learned counsel for the appellants and the learned Standing Counsel for the respondent insurer.

¶23

The learned counsel for the appellants claims enhancement mainly under the following heads:-

¶24

I. Notional income

¶25

Though the appellants claimed an amount of ₹15,000 per month towards the notional income, the Tribunal had awarded only an amount of ₹7,000/-. The learned Counsel for the appellants submit that the deceased was an agriculturist. However, there is no evidence to prove the income of the deceased. Following the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd.

¶26

[2011 (13) SCC 236], the monthly income ought to have been

¶27

¶28

MACA NO. 334 OF 2019

¶29

taken at ₹11,000/-. Hence, I am inclined to re-fix the notional income at ₹11,000/- (Rupees Eleven Thousand Only) per month.

¶30

II. Loss of dependency

¶31

Under the said head, the Tribunal had awarded only an amount of ₹4,41,000/-, taking into consideration ₹7,000/- as the notional income. Since the notional income has been refixed at ₹11,000/-, the loss of dependency has to be recalculated, totalling to an amount of ₹6,93,000/(11,000 x 12 x 7 x³ /4). Thus there will be an additional amount of ₹2,52,000/- (Rupees Two Lakh Fifty Two Thousand Only) under the said head.

¶32

III. Loss of consortium

¶33

The learned Counsel for the appellants submit that only an amount of ₹40,000/- was granted by the Tribunal under the said head though the legal heirs are four in number. The Tribunal ought to have granted an additional amount of ₹1,20,000/- towards the head of loss of consortium. Considering the fact that there are four legal heirs, the appellants are entitled to get a total compensation of

¶34

¶35

MACA NO. 334 OF 2019

¶36

₹1,60,000/- towards loss of consortium. Since the Tribunal has already awarded ₹40,000/- towards loss of consortium and ₹30,000/- towards loss of love and affection, I am inclined to grant an additional amount of ₹90,000/- (Rupees Ninety Thousand Only) under the head loss of consortium.

¶37

Thus, the impugned award of the Tribunal is modified as

¶38

follows;

¶39

Sl. No.	Head of Claim	Amount claimed (in Rs.)	Amount awarded by the Tribunal (in Rs.)	Amount modified in appeal (in Rs.)	Total compensation
	Notional income	15,000	7,000	11,000
1	Transport to hospital	5,000	2,000	(not modified)	2,000
2	Pain & suffering	1,00,000	15,000	(not modified)	15,000
3	Damage to clothing and articles	5,000	2,000	i (not modified)	2,000
4	Loss of consortium	Nil	40,000	90,000	1,30,000
5	Extra Nourishment	Nil	2,000	(not modified)	2,000
6	Loss of estate	1,00,000	15,000		15,000
7	Funeral expenses	1,00,000	15,000	(not modified)	15,000
8	Loss of love and affection	2,00,000	30,000	i (not modified)	30,000
9	Loss of dependency	Nil	4,41,000	2,52,000	6,93,000
	Total	5,10,000	5,62,000	3,42,000	9,04,000

¶40

¶41

MACA NO. 334 OF 2019

¶42

Accordingly, the appeal is allowed in part and the appellants/claimants are awarded an additional compensation of ₹3,42,000/- (Rupees Three Lakh Forty Two Thousand Only) over and above the compensation awarded by the Tribunal with interest @ 8% per annum from the date of petition till realization and proportionate costs. The respondent insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The claimants shall furnish copies of the PAN Card, AADHAAR Card and bank details before the respondent insurer within a period of one month so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the Tribunal. Upon such deposit being made, the entire amount shall be disbursed to the appellant at the earliest in accordance with law.

¶43

Sd/SHOBA ANNAMMA EAPEN JUDGE

¶44

Nafeesa v. the National Insurance Co.Ltd

Case brief

What is this about?

What did the court decide?

Nafeesa v. the National Insurance Co.Ltd

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mohanan Vs United India Insurance Company Ltd.

Chandran Vs I.v.Sabu

Suma Vs Mr.Arun

Zakariya.P.P Vs Krishnankutty.K

Sijo, Vs Kuttappan

Rukkiya, Vs Ali K.P