Fathima Beevi v. Sajeer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 MACA.No. 669 of 2012 () ------------------------ AGAINST THE AWARD IN OPMV 1615/2006 of ADDL.MACT, ALAPPUZHA DATED 0303-2011 APPELLANT(S):PETITIONERS ------------------------
1. FATHIMA BEEVI, AGED 51 YEARS W/O LATE MUHAMMED IRBRAHIM FATHIMA MANZIL PLAMPARAMBIL MUNICIPAL OFFICE WARD ALAPPUZHA DISTRICT
2. SHANAVAS, AGED 32 YEARS S/O LATE MUHAMMED IBRAHIM FATHIMA MANZIL PALAMPARAMBIL MUNICIPAL OFFICE WARD ALAPPUZHA, ALAPPUZHA DISTRICT
3. SAJEER, AGED 29 YEARS S/O LATE MUHAMMED IBRAHIM FATHIMA MANZIL PALAMPARAMBIL MUNICIPAL OFFICE WARD ALAPPUZHA, ALAPPUZHA DISTRICT
4. SHAJAHAN, AGED 27 YEARS S/O LATE MUHAMMED IBRAHIM FATHIMA MANZIL PALAMPARAMBIL MUNICIPAL OFFICE WARD ALAPPUZHA, ALAPPUZHA DISTRICT
5. HAJIRA BEEVI, AGED 75 YEARS M/O LATE MUHAMMED IBRAHIM FATHIMA MANZIL PALAMPARAMBIL MUNICIPAL OFFICE WARD ALAPPUZHA, ALAPPUZHA DISTRICT BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S):RESPONDENTS ----------------------------
1. SAJEER H @ SAFEER, S/O. HASSAN KOYTA, THALKAVU PURAYIDOM, ALISSERY WARD, ALAPPUZHA, P.O. ALAPPUZHA 688001
2. THE NEW INDIA ASSURANCE CO. LTD., ALAPPUZHA BRANCH, REP. BY ITS MANAGER, P.O. ALAPPUZHA 688001 R2 BY SRI.A.A.ZIYAD RAHMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAMACHANDRAN NAIR & P.V. ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.669 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2015
JUDGMENT
Asha, J.
The legal heirs of the deceased Muhammed Ibrahim who met with a motor vehicle accident on 5.6.2006, are the appellants. The deceased sustained very serious injuries and was taken to Medical College Hospital, Alappuzha where he succumbed to the injuries on 7.6.2006. The Tribunal awarded a sum of Rs.2,96,500/- as total compensation. This appeal is filed seeking enhancement of compensation.
2. We heard learned counsel appearing on either side. Learned counsel for the insurance company opposed the claim for enhancement.
3. The deceased was working as Manager in CRP and Co., Punnapra and it was claimed that he was getting a monthly income of Rs.8,000/-. Learned counsel for the insurance company submits that
the claim regarding monthly income was on a higher side. The Tribunal reckoned the monthly income at the rate of Rs.3,000/-. The deceased was aged 51. The proper multiplier adopted is 11. Having regard to the wage structure prevailing at the relevant time, we are of the view that a sum of Rs.6,000/- can be fixed as the monthly income. Therefore, the compensation for loss of dependency will come to Rs.5,94,000/- (Rs.6000 x 12 x 11 x 3⁄4). The Tribunal has granted only a sum of Rs.2,000/- towards funeral expenses, Rs.10,000/- towards loss of love and affection and no amount is awarded towards loss of consortium and loss of estate. In the light of the judgment of the Apex Court in Rajesh v. Rajbir Singh (2013 (3) KLT 89 - SC), we award a sum of Rs.25,000/- towards funeral expenses, Rs.1 Lakh each towards loss of love and affection and loss of consortium and Rs.30,000/- towards loss of estate. We find that the deceased succumbed to the injuries after being hospitalised for a period of two days. Therefore we award a sum of Rs.1,500/- towards transportation charges.
Accordingly, the total compensation is refixed in the following manner:
Head of claim Amount awarded by the Tribunal (Rs) Modified award passed by this Court (Rs) Loss of earnings (Loss of dependency) 264000 594000 Damage to clothing Funeral expenses 25000 Pain and suffering 20000 20000 Transport to hospital Loss of love and affection 10000 100000 Loss of consortium 100000 Loss of estate 30000 Total 871000 (Rupees Eight lakhs and seventy-one thousand only) The enhanced amount will carry interest at the rate of 9% per annum from the date of petition. Out of the same, the first appellant is permitted to withdraw Rs.4 lakhs and appellants 2 to 5 shall be allowed to withdraw the balance amount, as and when the insurance company deposits the same. There will be a direction to the insurance
company to deposit the entire amount of compensation, less the amount already deposited before the Tribunal, within three months. The appeal is allowed as above. The parties shall bear their costs in the appeal.
(T.R. RAMACHANDRAN NAIR, JUDGE.) (P.V. ASHA, JUDGE.) kav/