Sangeetha Sarath v. T.K. Mamu Haji
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 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 MACA.No. 772 of 2012 () ------------------------ AGAINST THE AWARD IN OPMV 190/2007 of M.A.C.T.,KOZHIKODE DATED 11-03-2010 APPELLANT(S)/PETITIONERS:
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1. SANGEETHA SARATH AGED 42 YEARS W/O. LATE DWARAKA UPPOOTT SARATH KUMAR SILVER SPRINGS ACE STRUCTURES, P.O. MANKAVU KOZHIKODE.
2. ARYA GAYATHRI (MINOR) AGED 17 YEARS D/O. LATE DWARAKA UPPOOTT SARATH KUMAR SILVER SPRINGS ACE STRUCTURES, P.O. MANKAVU KOZHIKODE.
3. ARUNDHATHI SARATHI MINOR) AGED 14 YEARS D/O. LATE DWARAKA UPPOOTT SARATH KUMAR SILVER SPRINGS ACE STRUCTURES, P.O. MANKAVU KOZHIKODE. (APPELLANTS 2 AND 3 ARE THE MINORS THEY ARE REPRESENTED BY THEIR MOTHER AND LEGAL GUARDIAN OF THE 1ST APPELLANT) BY ADV. SMT.K.V.RESHMI RESPONDENT(S):RESPONDENTS ----------------------------
1. T.K. MAMU HAJI S/O. UMMERKUTTY HAJI, THARAKULATH HOUSE P.O. KOODATHAYI BAZAR, THAMARASSERY, KOZHIKODE-673573.
2. P.K. MUHAMMED BASHEER S/O. MAMU, PALAKANDY HOUSE, P.O. M.M. PARAMBU KOZHIKODE-673573.
3. NATIONAL INSURANCE CO. LTD.
DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD KOZHIKODE-673001.
4. SIVANANDAN, .
MARUTHOLI HOUSE, P.O. KAKKUR, KOZHIKODE-673619
5. RATHNAKUMARI, W/O. SIVANANDAN, MARUTHOLI HOUSE, P.O. KAKKUR KOZHIKODE-673619.
R3 BY ADV. SRI.MATHEWS JACOB (SR.) R3 BY ADV. SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAMACHANDRAN NAIR & P.V. ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.772 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2015
JUDGMENT
Asha, J.
The widow and minor children of deceased Dwaraka Uppott Sarathkumar, had filed this appeal seeking enhancement in compensation. The deceased, while travelling with family in a car, was hit by a tipper lorry which came from the opposite direction, causing fatal injuries to the deceased and other members of his family. The deceased succumbed to the injuries on the very same day.
2. A claim petition was filed seeking compensation to the tune of Rs.20 Lakhs. It was claimed that the deceased was working as a Chief Engineer in Dubai, getting a sum of Rs.2 Lakhs as salary. The Tribunal awarded a total compensation of Rs.7,17,000/-. On the strength of Ext.A4 salary certificate, learned counsel for the appellants submitted that the Tribunal erred in not reckoning the salary as per the
salary certificate, according to which, he was getting a sum of Rs.2,85,222/- per month.
3. We heard learned counsel on both sides. Learned counsel for the insurance company submitted that there was no evidence before the Tribunal in order to rely on Ext.A4 salary certificate or to prove the income of the deceased.
4. The Tribunal has reckoned a sum of Rs.6,000/- as monthly salary of the deceased, accepting that the deceased was a qualified Engineer, since the same was not dispute dby the respondents. At the same time, the Tribunal did not accept Ext.A4 series of certificates on the ground that it was only a computer printed matter which was not certified by anybody.
5. On a perusal of Ext.A4 series, we also find that they are only computer generated print outs and nobody was examined to prove the income of the deceased. However, having regard to the wage structure prevailing in the country at the relevant time and in view of the fact that the deceased was stated to be an Engineer, we reckon his income at Rs.10,000/- per month.
The deceased was aged
42 years and dependants are more than four in number including the parents. We therefore recalculate the compensation under the head of loss of dependency as Rs.12,60,000/- (10000 x 12 x 14 x 3⁄4).
6. The compensation awarded under the head of funeral expenses, loss of love and affection, loss of estate as well as loss of consortium awarded by the Tribunal are also found to be enhanced, in the light of the judgment of the Apex Court in Rajesh v. Rajbir Singh (2013 (3) KLT 89 - SC). Therefore, we enhance the compensation towards funeral expenses to Rs.25,000/-, loss of love and affection to Rs.1 lakh, loss of consortium, to Rs.1 Lakh and loss of estate to Rs.75,000-. Therefore, the total compensation will be recomputed as follows: Head of claim Amount awarded by the Tribunal Modified award passed by this Court Transport to hospital Damage to clothing Funeral expenses 25000 Love and affection 10000 100000 Loss of estate 10000 75000 Loss of consortium 10000 100000 Loss of dependency 672000 1260000 Pain and suffering 10000 10000 Total 1572000
The enhanced amount of compensation will carry interest at 9% per annum from the date of petition till realisation. While condoning the delay, this Court has ordered that in case the appeal is allowed, the enhanced compensation will not carry interest during the period of 660 days, viz. the period covered by the delay. We also reiterate the same. The insurance company is directed to deposit the entire amount of compensation less the amount already deposited before the Tribunal, within three months after deducting interest for the enhanced amount of compensation for the period covered by the delay. The compensation shall be apportioned in the ratio fixed by the Tribunal, i.e. 2:2:2:1:1 among the appellants and respondents 4 and 5.
The appeal is allowed as above. The parties will bear their costs in the appeal.
(T.R. RAMACHANDRAN NAIR, JUDGE.) (P.V. ASHA, JUDGE.) kav/