High Court of KeralaMACA/1092/2006allowed

Anitha v. Thambi Jacob

2015-02-03Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice T.R.Ramachandran Nair5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 MACA.No. 1092 of 2006 ( ) -------------------------- AGAINST THE AWARD IN OPMV 3058/1997 of M.A.C.T.,ERNAKULAM DATED 3105-2005 APPELLANT(S)/CLAIMANTS:

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1. ANITHA, AGED 46 YEARS, W/O. LATE DEVARAJAN.

2. MINOR DEEPA, REP. BY HER NEXT FRIEND AND MOTHER ANITHA

3. MINOR DEEPTHI, REP. BY HER NEXT FRIEND AND MOTHER ANITHA.

4. LAKSHMI, AGED 76 YEARS, ALL ARE RESIDING AT VADAKKAKATH HOUSE, EDACOCHIN, COCHIN- 8. BY ADVS.SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S)/RESPONDENTS:

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1. THAMBI JACOB, 15/1159, KAITHAVELI HOUSE, NAZARETH, COCHIN-2.

2. V.J.ANTONY, S/O. JOSEPH, VATTAMAKKAL HOUSE, MOOLAMKUZHI KARA RAMASWARAM VILLAGE, KOCHI TALUK. (DELETED)

3. NATIONAL INSURANCE CO, LTD, BY ITS REGL. MANAGER, REGL, OFFICE MUTHOOT TOWERS, M.G. ROAD, COCHIN-35.

R,R3 BY ADV. SRI.MATHEW JACOB(SR) R,R3 BY ADV. SRI.P.JACOB MATHEW (THE NAME OF R2 DELETED FROM THE PARTY ARRAY AS PER ORDER IN IA NO.52/2015 DATED 20.1.2015) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAMACHANDRAN NAIR & P.V. ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1092 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2015

JUDGMENT

Asha, J.

The appellants are the widow, children and mother of deceased Devarajan. The deceased was travelling in a lorry as cleaner, when the accident occurred on 9.6.1997. The deceased was aged 49 and it was claimed that he was earning a monthly income at the rate of Rs.3,500/-. The Tribunal awarded a sum of Rs.2,47,000/- along with interest at the rate of 9% per annum.

2. This appeal is filed seeking enhancement of compensation on the ground that the amount awarded under various heads are thoroughly inadequate. The Tribunal reckoned the income only at the rate of Rs.1,750/- per month. Learned counsel for the appellant submits that the deceased was getting Rs.150/- per day and therefore the compensation under this head has to be enhanced.

3. We heard learned Senior Counsel for the insurance company also.

4. The Tribunal has adopted the multiplier of 15 and after deducting 1/3rd towards personal expenses, on reckoning the monthly income at the rate of Rs.1,800/-, awarded a sum of Rs.2,16,000/- towards dependency compensation. Ext.A8 certificate was produced before the Tribunal to prove the income of the deceased that he was getting wages at the rate of Rs.150/- per day. In the light of the fact that the deceased was working as a cleaner, we are of the view that his income can be reckoned at the rate of Rs.2,500/- per month. The Tribunal had deducted 1/3rd towards personal expenses. Learned counsel for the appellants pointed out that 1/4th of the income has to be deducted towards personal expenses. The proper multiplier in the case of a person at the age of 41, is 14 in the light of the decision of the Apex Court in Sarla Verma v. Delhi Transport Corporation (2010

(2) KLT 802 - SC) and only 1/4th can be deducted for personal expenses. Therefore, the compensation under the head of loss of dependency will be Rs.3,15,000/- (Rs.2,500/- x 12 x 14 x 3⁄4).

5. The Tribunal awarded a sum of Rs.6,000/- towards funeral expenses which we enhance to Rs.15,000/-. Towards pain and suffering a sum of Rs.5,000/- is awarded. The same is also enhanced to Rs.10,000/-. A sum of Rs.10,000/- alone is granted towards loss of love and affection and another sum of Rs.10,000/- towards loss of consortium. In the light of the decision of the Apex Court in Rajesh v. Rajbir Singh (2013 (2) KLT 89 - SC), we enhance the compensation under these two heads to Rs.1 Lakh each. Similarly, no amount is awarded towards loss of estate. We award a sum of Rs.10,000/- towards loss of estate. Accordingly, the award passed by the Tribunal is modified as follows:

Head of claim Amount awarded by the Tribunal (Rs) Modified award passed by this Court (Rs) Loss of dependency 216000 315000 Funeral expenses 15000 Pain and suffering 10000 Loss of love and affection 10000 100000 Loss of consortium 10000 100000 Loss of estate 10000 Total 247000 550000 (Rupees Five lakhs and fifty thousand only)

The enhanced amount of compensation will carry interest at the rate of 9% per annum. The insurance company is directed to deposit the entire amount of compensation less the amount already deposited before the Tribunal, within a period of three months. The appellants can withdraw the amount in the same proportion as fixed by the Tribunal. The appeal is allowed as above. No costs.

(T.R. RAMACHANDRAN NAIR, JUDGE.) (P.V. ASHA, JUDGE.) kav/