Allowed

Mohanan v. United India Insurance Company Ltd.

Kerala HC1 Jul 2024MACA/473/2019

Case brief

AI extract

What is this about?

The High Court enhanced the compensation awarded by the Motor Accidents Claims Tribunal in a fatal accident claim. The court recalculated the loss of dependency by applying 40% future prospects to the notional income and granted an amount for loss of consortium/love and affection, increasing the total award.

What did the court decide?

Additional compensation of ₹4,72,000/- awarded, enhancing the Tribunal's award to ₹16,93,400/- with interest.

Mohanan Vs United India Insurance Company Ltd. — Motor Accident Claims | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946

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MACA NO. 473 OF 2019

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AGAINST THE AWARD DATED 29.08.2018 IN OPMV NO.1599 OF 2015 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA

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APPELLANTS/PETITIONERS:

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1MOHANAN
AGED 56 YEARS
S/O.VELAYUDHAN, KUNDIL HOUSE, PULLUR DESOM,
VILLAGE AND P.O., MUKUNDAPURAM TALUK,
THRISUR DISTRICT
2BIBIMOL
W/O. MOHANAN, KUNDIL HOUSE, PULLUR DESOM, VILLAGE AND
P.O., MUKUNDAPURAM TALUK, THRISUR DISTRICT
3HEMANTH MOHANAN
S/O. MOHANAN, KUNDIL HOUSE, PULLUR DESOM,
VILLAGE AND P.O., MUKUNDAPURAM TALUK, THRISUR DISTRICT
4ARAVIND K.M.,
AGED 14 YEARS
S/O. MOHANAN,MINOR, KUNDIL HOUSE, PULLUR DESOM,
VILLAGE AND P.O., MUKUNDAPURAM TALUK,
THRISUR DISTRICT- REPRESENTED BY A NATURAL GUARDIAN
FATHER 1ST APPELLANT
BY ADVS.
P.V.BABY
SRI.A.N.SANTHOSH

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RESPONDENTS/3RD RESPONDENT:

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UNITED INDIA INSURANCE COMPANY LTD.,
SREEKUMAR BUILDING, SOUTH JUNCTION, CHALAKUDY-680 307
BY ADV SRI.JOHN JOSEPH VETTIKAD

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 473 OF 2019

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JUDGMENT Dated this the 1^st day of July, 2024

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This appeal has been filed by the claimants in OP(MV) No.1599 of 2015 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The respondent herein is the third respondent before the Tribunal.

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According to the appellants, on 16.11.2015, at about 1.50 p.m., while the deceased was travelling as a pillion rider on a motorcycle bearing registration No.KL-64-A-2894 driven by the second respondent in a rash and negligent manner through Perambra – Kodakara Sector of NH 47, the second respondent lost control and hit at a divider, and as a result, the deceased was thrown out and succumbed to death. The appellants approached the Tribunal claiming a total compensation of ₹47,45,000/, which is limited to ₹30,00,000/-.

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The respondent-insurer filed a written statement, admitting the insurance policy, but disputing the quantum of compensation claimed. Before the Tribunal, no oral evidence

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MACA NO. 473 OF 2019

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was adduced by either side. Exts.A1 to A14 were marked on the side of the appellants. The Tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹12,21,400/- as compensation under different heads with interest @ 8% 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.

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Heard the learned counsel for the appellants and the

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learned Standing Counsel for the respondent insurer.

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The learned counsel for the appellants claims

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enhancement mainly under the following heads:-

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I. Future prospects/Loss of dependency

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The learned Counsel for the appellants submits that the deceased was aged 17 years at the time of accident. The Tribunal, after considering the future prospects of the deceased, fixed the monthly income at ₹10,000/-. On a perusal of the award, it is seen that the amount fixed as notional income appears to be reasonable. The deceased, being aged 17 years, I am of the opinion that 40% future prospects can be added to

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MACA NO. 473 OF 2019

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the notional income. Thus, an amount of ₹14,000/- (10,000 x 40%) can be taken for computing the compensation payable under the head of loss of dependency. Thus, the compensation payable under the head of loss of dependency is recalculated, totalling to an amount of ₹15,12,000/- (14,000 x 12 x 18 x 1 / 2). Thus, there will be an additional amount of ₹4,32,000/- (Rupees Four Lakh Thirty Two Thousand Only) under the said head.

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II. Loss of consortium

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The learned counsel for the appellants submits that the Tribunal had not granted any amount towards the head loss of consortium. However, on a perusal of the award, it is seen that an amount of ₹40,000/- was granted towards loss of love and affection. The deceased was unmarried and was survived by his parents, and siblings. Thus, the claimants are entitled for an amount of ₹80,000/- under the afore head. However, considering the fact that the Tribunal has awarded an amount of ₹40,000/- towards loss of love and affection, I am inclined to grant an amount of ₹40,000/- under the head loss of consortium.

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MACA NO. 473 OF 2019

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Thus, the impugned award of the Tribunal is modified as

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follows:

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Sl. No.	Head of Claim	Amount claimed (in Rs.)	Amount awarded by the Tribunal (in Rs.)	Amount modified in appeal (in Rs.)	Total compensation
1	Funeral expenses	50,000	15,000	(not modified)	15,000
2	Transportation expenses	10,000	5,000	(not modified)	5,000
3	Medical expenses	75,000	51,400	(not modified)	51,400
4	Pain and suffering	1,00,000	15,000	(not modified)	15,000
5	Loss of dependency	25,00,000	10,80,000	i 4,32,000	15,12,000
6	Loss of love and affection	5,00,000	40,000	(not modified)	40,000
7	f Loss of expectation of life	5,00,000	Nil	i -	-
8	Loss of estate	10,00,000	15,000	(not modified)	15,000
9	Extra nourishment	5,000	Nil	-
10	Damage to clothing	5,000	Nil	-	-
11	Shock and mental anxiety	5,00,000	Nil	-	-
12	Loss of gratuitous service	5,00,000	Nil	-	-
13	Loss of consortium	-	-	40,000	40,000
	Total (claim limited to)	47,45,000 30,00,000	12,21,400	4,72,000	16,93,400

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Accordingly, the appeal is allowed and the

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appellants/claimants are awarded an additional compensation

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MACA NO. 473 OF 2019

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of ₹4,72,000/- (Rupees Four Lakh Seventy Two Thousand

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Only) over and above the compensation awarded by the tribunal with interest @ 6.5% 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 claimant 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.

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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RK

Mohanan v. United India Insurance Company Ltd.

Case brief

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Mohanan v. United India Insurance Company Ltd.

Case brief

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