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2025 DIGILAW 1413 (KER)

Ushakumari v. P. R. Azad, S/O. Raghavan

2025-05-23

SHOBA ANNAMMA EAPEN

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JUDGMENT : Shoba Annamma Eapen, J. This appeal has been filed by the claimants in OP(MV) No.653 of 2011 on the file of the Motor Accidents Claims Tribunal, Punalur. The respondents herein were the respondents before the tribunal. 2. The case of the appellants/claimants is that on 02.10.2011, while the deceased was riding a motorcycle bearing Reg.No.KL- 24A/8359 along the Oyoor - Ayoor public road, a pick up van bearing Reg.No.KL-02P/5131 driven by the second respondent in a rash and negligent manner, hit against the motorcycle ridden by him, whereby he sustained grievous injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of Rs.20,00,000/-. 3. Respondents 1 and 2 remained ex parte before the tribunal. The respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A8 were marked on the side of the appellant/claimant. No evidence was adduced by the respondents. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs.11,37,635/- as compensation under different heads with interest @ 8% per annum, against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal. 4. I have heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurer. 5. The learned counsel for the appellant claims enhancement under the following heads: 5.1. Notional income - The learned counsel for the appellants submits that the deceased was a quarry manager and was earning Rs.10,000/- per month, however, the tribunal has fixed the notional monthly income only at Rs.5,000/-. Admittedly, no document was produced by the appellant to prove income. However, as per the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [ (2011) 13 SCC 236 ], the notional monthly income of the appellant ought to have been fixed at Rs.8,000/-. Accordingly, following the judgment in Ramachandrappa (supra), I deem it appropriate to refix the notional monthly income of the appellant at Rs.8,000/-. 5.2. However, as per the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [ (2011) 13 SCC 236 ], the notional monthly income of the appellant ought to have been fixed at Rs.8,000/-. Accordingly, following the judgment in Ramachandrappa (supra), I deem it appropriate to refix the notional monthly income of the appellant at Rs.8,000/-. 5.2. Loss of dependency - Since the monthly income of the deceased is refixed at Rs.8,000/-, compensation towards loss of dependency has to be recalculated. The deceased was 39 years old at the time of the accident. Thus, after adding 40% of the notional income towards future prospects, the amount would be arrived at Rs.11,200/- (8000 + 3200). Accordingly, following the judgments in National Insurance Co. Ltd. v. Pranay Sethi [ 2017(4) KLT 662 (SC)] and Sarla Verma v. Delhi Transport Corporation [ 2010(2) KLT 802 (SC)], the appellants will be entitled to get a total compensation of Rs.15,12,000/- (11200 x 12 x 15 x 3/4) towards loss of dependency. Hence, there will be an additional amount of Rs.6,93,000/- under this head. 5.3. Loss of consortium/loss of love & affection - On a perusal of the award, it is seen that the tribunal awarded Rs.1,00,000/- each under the heads, loss of consortium and loss of love & affection, totalling to an amount of Rs.2,00,000/-. However, the tribunal was wrong in awarding compensation of Rs.1,00,000/- towards loss of love and affection, which is impermissible and runs against the mandate in Pranay Sethi (supra). Once compensation is awarded under the head of loss of consortium, no amount shall be awarded towards loss of love and affection as it amounts to duplication of compensation as held in New India Assurance Company Ltd. v. Somwati and others [2020 (5) KLT OnLine 1198 (SC)]. Since there are four legal heirs, the appellants are entitled to get a total compensation of Rs.1,60,000/- towards loss of consortium. Accordingly, the compensation of Rs.1,00,000/- awarded by the tribunal towards loss of love and affection is deleted and the appellants are awarded an additional compensation of Rs.60,000/- towards loss of consortium. 5.4. Funeral expenses - On a perusal of the award, it is seen that the tribunal awarded an amount of Rs.25,000/- towards funeral expenses. However, going by the judgment in Pranay Sethi (supra), the maximum amount of funeral expenses ought to have been granted by the tribunal is Rs.15,000/-. 5.4. Funeral expenses - On a perusal of the award, it is seen that the tribunal awarded an amount of Rs.25,000/- towards funeral expenses. However, going by the judgment in Pranay Sethi (supra), the maximum amount of funeral expenses ought to have been granted by the tribunal is Rs.15,000/-. Therefore, the compensation awarded by the tribunal under this head is reduced to Rs.15,000/-. 6. Though the appellants claimed enhancement of compensation under other heads as well, on a perusal of the records available and the impugned award, I am not inclined to interfere with the same since it appears to be just and reasonable. Thus, the impugned award of the tribunal is modified as follows: Sl. No. Head of Claim Amount claimed (in Rs.) Amount awarded by the tribunal (in Rs.) Modified in appeal (in Rs.) Total compensation (in Rs.) 1. Transport to hospital 5000 5000 5000 2 Cost of medicine & by stander expenses 50000 22235 1400 22235 1400 3. Damage to clothing & other articles 1000 - 4. Funeral and other expenses 44000 25000 -10000 15000 5. Pain and suffering 100000 50000 50000 6. Loss of consortium 100000 100000 60000 160000 7. Loss of love and affection 100000 100000 -100000 deleted 8. Loss of estate 100000 15000 15000 9. Loss of proper care and guidance to minor children 100000 - 10. Loss of dependency/ Pecuniary loss due to death of deceased 1400000 819000 693000 1512000 Total 2000000 1137635 643000 1780635 Accordingly, the appeal is allowed in part and the appellants are awarded an additional compensation of Rs.6,43,000/- (Rupees six lakh forty three 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 appellants 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. 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.