This Motor Accidents Claims Appeal allowed the appellants' claim for enhancement of compensation. The Court modified the Tribunal's award by granting an additional sum of Rs. 67,000/- for deficiency in funeral, estate, and consortium damages.
Modified the Tribunal's award by granting an additional sum of Rs. 67,000/- to be deposited by the 3rd respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
MACA NO. 959 OF 2013
AGAINST THE ORDER/JUDGMENT IN OPMV 496/2005 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, PUNALUR
APPELLANTS/PETITIONERS:
1AMBIKA M. NAIR
AGED 45 YEARS
W/O.LATE M.G.NAIR, KALAYATHU VEEDU,
THEKKUMCHERI, PUTHOOR P.O., PUTHOOR VILLAGE,
KOTTARAKKARA TALUK, FROM PATTAZHIKATHU VEEDU,
IYVERKALA EAST P.O., PUTHOOR, KUNNATHOOR VILLAGE.
2ANJALI
AGED 20 YEARS
D/O.LATE M.G.NAIR, KALAYATHU VEEDU,
THEKKUMCHERI, PUTHOOR P.O., PUTHOOR VILLAGE,
KOTTARAKKARA TALUK, FROM PATTAZHIKATHU VEEDU,
IYVERKALA EAST P.O., PUTHOOR, KUNNATHOOR VILLAGE.
BY ADV SRI.MANOJ RAMASWAMY
RESPONDENTS/RESPONDENTS:
1 JALALUDEEN S.R.MANZIL, CHALLIMUKKU COLONY P.O., PALODE, THIRUVANANTHAPURAM-695564.2JAMALUDEEN
S/I ALIYARUKUNJU, KUNNINPURATHU VEEDU,
PANAMGODU P.O., PERINGAMALA,
THIRUVANANTHAPURAM-695563.
3 THE MANAGER ORIENTAL INSURANCE CO.LTD., JYOTHI SUPER BAZAR, THODUPUZHA P.O., THODUPUZHA-685584.4 THE MANAGING DIRECTOR K.S.R.T.C., THIRUVANANTHAPURAM-695005.5THAMARAKSHAN
THAMARA SADANAM, VITH WARD,
THRIKKADAVOOR, KOLLAM-691308.
BY ADVS.
ALEX ANTONY SEBASTIAN P.A.
SRI.GEORGE CHERIAN THIRUVALLA
OTHER PRESENT:
MACA NO. 959 OF 2013
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ADV LATHA SUSAN CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
FOR ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA NO. 959 OF 2013
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J U D G M E N T
The appellants are the petitioners in O.P.(MV)No.496
of 2005 on the files of the Motor Accidents Claims Tribunal, Punalur.
..4..
MACA NO. 959 OF 2013
servant working as Assistant Binder, aged 43 years with a monthly income of Rs.5,714/- at the time of the accident. The claim petition was submitted in such circumstances, seeking compensation.
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MACA NO. 959 OF 2013
the trial, the Tribunal came to the conclusion that the accident occurred due to negligence on the part of the 1st respondent, the driver of the lorry and consequently, the 3rd respondent, the insurer of the lorry was also held liable to pay the compensation.
Counsel appearing for the appellants, Adv.Smt. Latha Susan Cherian, learned Counsel appearing for the 3rd respondent and Adv.Sri. Alex Antony Sebastian, the learned Counsel appearing for the 4th respondent.
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MACA NO. 959 OF 2013
learned counsel for the 3rd respondent would point out that, a reasonable amount has been awarded by the Tribunal and no interference is required.
MACA NO. 959 OF 2013
..7..
Rs.15,000/-. Therefore, a further sum of Rs.10,000/- is to be awarded, and it is ordered accordingly.
MACA NO. 959 OF 2013
..8..
In the result, this appeal is allowed, and the award dated 31.10.2012 in OP(MV)No.496/2005 passed by the Motor Accidents Claims Tribunal, Punalur is hereby modified by granting an additional amount of Rs.67,000/- (Rupees Sixty Seven thousand only) and the said amount shall be deposited from the 3rd respondent
MACA NO. 959 OF 2013
..9..
with interest at the rate as ordered by the Tribunal and proportionate costs within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A,
JUDGE
LU
3 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal for death and injury should be enhanced.
In light of Pranay Sethi, what is the correct assessment of funeral and estate expenses?
Whether separate compensation for loss of consortium and loss of love and affection should be awarded under Satinder Kaur.
Colour shows how this judgement treated each authority
National Insurance Company Ltd. v. Pranay SethiFollowed¶43
National Insurance Company Ltd., v. Pranay Sethi [2017(4) KLT 662(SC)]
Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru RamFollowed¶49
Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram [(2018) 18 SCC 130] · Who else cites this
United India Insurance Co. Ltd. v. Satinder KaurFollowed¶49
United India Insurance Co.Ltd v. Satinder Kaur, [2020 SCC OnLine SC 410] · Who else cites this
Satinder Kaur @ Satwinder Kaur and OthersFollowed¶52
Satinder Kaur @ Satwinder Kaur and Other [(2021)11 SCC 780] · Who else cites this
AMBIKA M. NAIR
ANJALI
JALALUDEEN S.R.MANZIL
JAMALUDEEN
THE MANAGER ORIENTAL INSURANCE CO.LTD.
THE MANAGING DIRECTOR K.S.R.T.C.
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court