Elsy W/o Late Vijayan Helibariya Kara v. Haridas S/o. Shikamani Nadar
2025-05-22
SHOBA ANNAMMA EAPEN
body2025
DigiLaw.ai
JUDGMENT : SHOBA ANNAMMA EAPEN, J. This appeal is filed by the appellants/claimants in O.P (MV) No.1038 of 2009 on the file of the Motor Accidents Claims Tribunal, Pala. The respondents herein are the respondents before the tribunal. 2. According to the appellants/claimants, on 22.05.2009, while the deceased was travelling in a jeep which was driven by the 1 st respondent met with an accident. As a result of the accident, he sustained grave injuries and succumbed to the injuries. The appellants approached the tribunal claiming a total compensation of Rs. 10,83,000/-, limited to Rs. 8,00,000/-. 3. The respondent insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, no oral evidence was adduced on either side. Exts.A1 to A8 were marked on the side of the appellants/claimants and no documentary evidence was adduced on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs. 4,06,000/-, as compensation under different heads with interest @ 7.5% per annum from the date of petition till realization, against the respondent being the insurer and the insurer is granted liberty to recover the compensation amount from respondents 1 and 2. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants have come up in appeal. Though notice was served on the respondents 1 and 2 they did not appear before this court and contest the matter on merits. 4. Heard the learned counsel for the appellants and the learned Standing Counsel for the respondent insurer. 5. The learned counsel for the appellants claims enhancement mainly under the following heads: Notional income :- The learned counsel for the appellants submitted that though an amount of Rs. 7,500/- was claimed as the monthly income of the deceased, the tribunal has taken only on an amount of Rs. 3,500/- as the income. The learned counsel submitted that going by the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [ (2011) 13 SCC 236 ], the notional monthly income of the deceased ought to have been fixed at Rs. 7,000/- whereas the learned standing counsel appearing for the insurance company submitted that the income arrived at by the tribunal is just and reasonable.
7,000/- whereas the learned standing counsel appearing for the insurance company submitted that the income arrived at by the tribunal is just and reasonable. Following the judgment in Ramachandrappa (supra), in order to award a just compensation, I find it is appropriate to refix the monthly income as Rs. 7,000/-. The learned counsel for the appellants further submitted that no future prospects were added by the tribunal to the income fixed. On a perusal of Ext.A8 passport, it is seen that the deceased was aged 48 years at the time of the accident. Going by the judgment in National Insurance Co. Ltd. v. Pranay Sethi & Ors [ 2017 (4) KLT 662 (SC)], the appellants are entitled to add 25% of the income fixed towards future prospects. Thus, the income would be Rs. 8,750/- for awarding compensation under the head loss of dependency. Compensation for loss of dependency :- Since the notional income fixed is Rs. 8,750/-, the compensation payable under the said head is recalculated thus: Rs. 9,10,000/- (8,750x12x13x2/3). The tribunal has already awarded an amount of Rs. 3,64,000/- towards the said head. Thus, there will be an additional amount of Rs. 5,46,000/- under the head loss of dependency. Compensation for loss of consortium/ loss of love and affection :- The learned counsel for the appellants submitted that the tribunal has awarded only an amount of Rs. 12,000/- towards loss of consortium. Considering the fact that there are two legal heirs, wife and daughter. Going by the judgment in Pranay Sethi (supra), I find that the appellants are entitled for a total amount of Rs. 80,000/- (40,000x2). The learned standing counsel appearing for the insurance company submitted that the tribunal has awarded an amount of Rs.10,000/- towards loss of love and affection, which is against the principle laid down in the judgment in New India Assurance Company v. Somwati and others [2020 (5) KLT OnLine 1198 (SC)], wherein it has been held that once compensation is awarded under the head loss of consortium, no amount shall be awarded under the head loss of love and affection, as it would to duplication of compensation. Hence I am inclined to delete Rs.10,000/- awarded under the said head. Towards loss of consortium, the tribunal has already awarded an amount of Rs.12,000/- . Hence, there will be an additional amount of Rs. 68,000/- under the said head.
Hence I am inclined to delete Rs.10,000/- awarded under the said head. Towards loss of consortium, the tribunal has already awarded an amount of Rs.12,000/- . Hence, there will be an additional amount of Rs. 68,000/- under the said head. Compensation for funeral expenses :- The learned counsel for the appellant submitted that going by the judgment in Pranay Sethi (supra) , the appellants are entitled for a total compensation Rs. 15,000/- under the afore head. The tribunal has awarded only an amount of Rs. 5,000/-. Therefore, there will be an additional amount of Rs. 10,000/- under the afore head. Compensation for loss of estate :- The learned counsel for the appellant submitted that going by the judgment in Pranay Sethi (supra) , the appellants are entitled for a total compensation Rs. 15,000/- under the afore head. The tribunal has awarded only an amount of Rs. 2,500/-. Therefore, there will be an additional amount of Rs. 12,500/- under the afore head. 6. Though the appellants claimed enhancement of compensation under other heads, on a perusal of the records available, I am not inclined to interfere with the compensation awarded by the tribunal under other heads since it appears to be just and reasonable. 7. Thus, the impugned award of the tribunal is modified as follows: Sl. No Head of Claim Amount claimed Amount awarded by the tribunal Modified in appeal Total compensation 1 Transport to hospital 10,000 1,000 (not modified) 1,000 2 Extra nourishment 1,000 500 (not modified) 500 3 Bystander expenses 1,000 500 (not modified) 500 4 Treatment expenses 20,000 Nil Nil Nil 5 Damages to clothing and articles 1,000 500 (not modified) 500 6 Funeral expenses 50,000 5,000 10,000 15,000 7 Pain and sufferings 1,00,000 10,000 (not modified) 10,000 8 Loss of dependency 7,00,000 3,64,000 5,46,000 9,10,000 9 Loss of love and affection 50,000 10,000 10,000 (-) Deleted 10 Loss of expectancy of life 50,000 Nil Nil Nil 11 Loss of consortium 50,000 12,000 68,000 80,000 12 Loss of estate 50,000 2,500 12,500 15,000 TOTAL 10,83,000 limited to 8,00,000 4,06,000 6,26,500 10,32,500 Accordingly, the appeal is allowed in part and the appellants are awarded an additional compensation of Rs. 6,26,500/- (Rupees six lakh twenty six thousand five hundred only) over and above the compensation awarded by the tribunal with interest @ 7.5% per annum from the date of petition till realization and proportionate costs.
6,26,500/- (Rupees six lakh twenty six thousand five hundred only) over and above the compensation awarded by the tribunal with interest @ 7.5% 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 appellants shall furnish copies of the PAN Card, ADHAAR 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 appellants at the earliest in accordance with law. The ratio adopted by the tribunal has to follow as regards the enhanced compensation also. It is made clear that the insurance company, after satisfying the payment of the enhanced amount to the claimants, shall be entitled to recover the same from respondents 1 and 2.