Jacob C.O v. Davis C.J
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 MACA.No. 1010 of 2006 ( ) -------------------------- AGAINST THE AWARD IN OP(MV) 3104/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,THRISSUR DATED 09-08-2005 APPELLANTS/PETITIONER::
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1. JACOB C.O., AGED 65 YEARS, S/O. OUSEPH, CHIRIYANKANDATH HOUSE, P.O. PAVARATTY TRISSUR DISTRICT.
2. ALICE LONAPPAN, AGED 40 YEARS, D/O. JACOB C.O., CHIRIYANKANDATH HOUSE, P.O. PAVARATTY TRISSUR DISTRICT.
3. THRESSIA ANTONY, AGED 39 YEARS, D/O. JACOB C.O., CHIRIYANKANDATH HOUSE, P.O. PAVARATTY TRISSUR DISTRICT.
4. REETHA DAVID, AGED 35 YEARS, D/O. JACOB C.O., CHIRIYANKANDATH HOUSE, P.O. PAVARATTY TRISSUR DISTRICT.
5. JOSE C.J., AGED 33 YEARS, S/O. JACOB C.O., CHIRIYANKANDATH HOUSE, P.O. PAVARATTY TRISSUR DISTRICT.
6. BIJUMON C.J., AGED 23 YEARS, S/O. JACOB C.O., CHIRIYANKANDATH HOUSE, P.O. PAVARATTY TRISSUR DISTRICT.
BY ADVS.SRI.M.V.THAMBAN SRI.SREEKANTH.K.R
MACA.No. 1010 of 2006 RESPONDENTS/RESPONDENTS::
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1. DAVIS C.J., S/O. JACOB C.O., CHIRIYANKANDATH HOUSE, P.O. PAVARATTY TRISSUR DISTRICT.
2. VARGHESE C.D., S/O. JACOB C.O., CHIRIYANKANDATH HOUSE, P.O. PAVARATTY TRISSUR DISTRICT.
3. THE NEW INDIA ASSURANCE CO. LTD., ANUGRAHA BUILDINGS, WADAKKANCHERY ROAD, KUNNAMKULAM TRISSUR DISTRICT.
R3 BY ADV. SMT.RAJI T.BHASKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/
T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2015
J U D G M E N T
Ramachandran Nair , J.
This appeal, at the instance of the appellants is for enhancement of compensation consequent on the death of the wife of appellant No.1, being the mother of appellants 2 to 6. She was involved in an accident occurred on 22.8.2001 while she was travelling at about 10.30 a.m. as a pillion rider on the motorcycle bearing registration No.KL8-E-7439 driven by her son. The motorcycle hit against the back side of a car bearing registration No.KEH 1083. She died in Amala Cancer Hospital, Thrissur while undergoing treatment on 27.8.2001.
2.
Since we are only concerned with the quantum of compensation, we have to assess the loss of services to the family of the deceased. What is awarded by the Tribunal is at the rate of Rs.1,500/- per month and after deducting 1/3rd for personal expenses, the contribution has been arrived at.
-23.
It is well known that as far as housewives their services will have to be quantified properly. They are looking after the various duties of the household, and caring the members of the family including the husband and children. Therefore, now as the family is deprived of the services of the mother, as far as appellants 2 to 6 are concerned and as far as appellant No.1 is concerned he has lost care and concern of the wife. According to us, Rs.3,000/- can be calculated as notional income and 1/3rd can be deducted for personal expenses. The Tribunal has awarded Rs.5,000/- towards funeral expenses, which we enhance to Rs.20,000/- and for loss of estate Rs.10,000/- is granted, which we confirm. As far as loss of consortium is concerned, we award Rs.30,000/- and for loss of love and affection, we award Rs.50,000/-. As regards other heads the Tribunal has granted amounts at different rates. Therefore, we re-fix the compensation as shown below:
-3Head of claim Amount awarded in Rs.
Transportation Extra nourishment Damages to clothing Medical expenses 10500 Bystander's expenses Funeral expenses 20000 Pain and suffering 15000 Loss of estate 10000 Loss of love and affection 50000 Loss of service 216000 Loss of consortium 30000 Total 3,55,000 (Rupees three lakhs fifty five thousand only) The enhanced compensation will carry interest at the rate of 9% from the date of petition till realisation. The insurer of the vehicle has been found liable, who is the third respondent Insurance Company, and we uphold the said finding. There will be a direction to the Insurance Company to deposit the amount of compensation, less the amount already deposited, before the Tribunal within a period of three months along with interest and we permit
-4the claimants to withdraw the amount when the amount is deposited by the Insurance Company. 50% of the enhanced amount is awarded in favour of appellant No.1 along with interest and the remaining amount will be shared equally by appellants 2 to 6.
The appeal is accordingly allowed. There will be no order as to costs in the appeal.
Sd/- T.R. RAMACHANDRAN NAIR JUDGE Sd/- K.P. JYOTHINDRANATH JUDGE //True copy// P.A. TO JUDGE shg/