Research › Search › Judgment

Kerala High Court · body

2025 DIGILAW 1411 (KER)

Nayana v. Managing Director, K. S. R. T. Corporation

2025-05-23

C.S.SUDHA

body2025
JUDGMENT : C.S. SUDHA, J. This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claimants in O.P.(MV) No.148/2013 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 10.12.2018. The sole respondent herein is the 1 st respondent/owner in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition. 2. According to the claimants/petitioners, on 20.10.2012, at about 7.20 p.m, the deceased along with a pillion rider was riding a motorcycle along the Neyyattinkara - Kattakkada public road. When they reached near CSI Church, Thozhukkal, K.S.R.T.C. bus bearing Reg.No.KL-15-5464 driven by the second respondent in a rash and negligent manner knocked him down, as a result of which he sustained grievous injuries to which he succumbed. The claimants sought Rs. 15,00,000/-(Rupees Fifteen Lakhs) as compensation. 3. Before the Tribunal, the 2 nd respondent/driver remained ex parte. 4. The 1 st respondent K.S.R.T.C/owner of the bus filed written statement denying the claim and contending that the incident was due to the rash and negligent riding of the deceased. 5. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A7 were marked on the side of the claimants/petitioners. No documents were produced by the 1 st respondent. The Tribunal, after considering the pleadings and materials on record, awarded a sum of Rs.15,03,000/- with 8% interest per annum from 22.02.2013 till realization. Dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants have come up in appeal. 6. Heard both sides. 7. The award of compensation by the Tribunal under the following heads are challenged:- Notional Income The appellants/claimants contended before the Tribunal that the deceased was getting a monthly income of Rs.20,000/-. In order to substantiate the allegation, they relied on Exts.A4 and A5, which are the copies of his Degree Certificate and Certificate relating to Apparel Training & Design Centre respectively. The Tribunal fixed the notional income at the rate of Rs.7,000/- per month. The incident took place in the year 2012. In order to substantiate the allegation, they relied on Exts.A4 and A5, which are the copies of his Degree Certificate and Certificate relating to Apparel Training & Design Centre respectively. The Tribunal fixed the notional income at the rate of Rs.7,000/- per month. The incident took place in the year 2012. According to the learned counsel for the appellants/claimants, the amount fixed is on the lower side and that even going by the dictum in Ramachandrappa v. Manager, Royal Sundaram Allian.Co.Ltd, (2011) 13 SCC 236 , a coolie was entitled to be granted an amount of Rs.8,500/-. In the present case, the deceased was much more qualified than a coolie and so, the submission is that the notional income ought to have been fixed at the rate claimed, that is, Rs.20,000/- per month. Per contra, it is submitted by the learned counsel for the 1 st respondent/owner that the notional income fixed by the Tribunal is a reasonable one which does not call for any interference. Going by the dictum in Ramachandrappa (Supra), the notional income of a coolie worker in the year 2012 was liable to be fixed at Rs.8,500/- per month. That being the position, I find that an amount of Rs.9,000/- per month would be a reasonable amount. Therefore, the impugned award will stand modified to the aforesaid extent. Loss of Consortium It is pointed out by the learned counsel for the appellants/claimants that though claim petitioners 2 to 4 were also entitled to parental and filial consortium respectively, the same was not granted, which is an infirmity committed by the Tribunal. 8. In the light of the dictums in Magma General Insurance Co. Ltd. v. Nanu Ram Alias Chuhru Ram, (2018) 18 SCC 130: 2018 KHC 6697 ; United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur, 2020(3) KHC 760 : AIR 2020 SC 3076 : and New India Assurance Co. Ltd. v. Somwati, 2020 KHC 6530 : (2020) 9 SCC 644 , the appellants/claimants 2 to 4 are entitled to parental and filial consortium respectively, i.e., the 2 nd appellant/claimant, that is, daughter of the deceased, is entitled to loss of parental consortium of Rs.40,000/- and appellants/claimants 3 and 4, that is, the parents are entitled to Rs.40,000/- each towards filial consortium. As per the dictum in National Insurance Company Limited v. Pranay Sethi [ 2017 (4) KLT 662 (SC)] , the amount awarded under the head loss of consortium is liable to be increased by 10% every three years. The Tribunal has not granted any amount towards consortium for appellants/claimants 2 to 4. The appellants/claimants 2 to 4 are entitled to two enhancements on 31.10.2020 & 31.10.2023 at the rate of 10% respectively. To the said extent, the impugned award is liable to be modified. 9. Since, the notional income is re-fixed at Rs.9,000/-, the amount awarded under the head loss of dependency is liable to be modified. 10. Hence the impugned Award is modified to the following extent : Sl. No. Head of claim Amount claimed (Rs. ) Amount Awarded by Tribunal (Rs. ) Modified in appeal (Rs. ) 1. Loss of dependency 12,00,000/- 14,11,200/- 18,14,400/- [9,000 + 40% of 9,000 = 12,600 12,600 x 1/4 = 3150 (12,600-3,150) x 12 x 16 ] 2. (i) Loss of consortium to first claimant (ii) Loss of parental and filial consortium to claimants 2 to 4 2,00,000/- 40,000/- Rs. 40,000/- (No modification) 1,45,200/- ( Rs.48,400/- x 3 =  Rs.1,45,200/-) 3. Loss of estate 2,00,000/- 15,000/- 15,000/- (No modification) 4. Loss of love and affection 2,00,000/- -- Set aside 5. Loss of pain and suffering 1,00,000/- 15,000/- 15,000/- (No modification) 6. Medical expenses 50,000/- -- -- 7 Transport to hospital 10,000/- 5,000/- 5,000/- (No modification) 8 Funeral Expenses 10,000/- 15,000/- 15,000/- (No modification) 9 Damage to Clothing 5,000/- 1,000/- 1,000/- (No modification) Total 15,02,200/- Rounded as 15,03,000/- 20,50,600/- Enhanced amount 5,47,600/- (20,50,600-15,03,000) In the result, the appeal is allowed in part by enhancing the compensation by a further amount of Rs.5,47,600/- with interest at the rate of 8% per annum from the date of petition till date of realization (excluding the period of 300 days delay in filing the appeal) and proportionate costs. The respondent/insurance company is directed to deposit the compensation with interest and costs before the Tribunal within a period of 60 days from the date of receipt of a copy of the judgment. On deposit of the compensation amount, the Tribunal shall disburse the amount to the claimants/appellants at the earliest in accordance with law after making deductions if any. Interlocutory applications, if any pending, shall stand closed.