Lilly Thobias v. G.Radhakrishna Pillai
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. 1907 of 2005 ( ) -------------------------- AGAINST THE AWARD IN OPMV 605/2002 of M.A.C.T.,PUNALUR DATED 16-07-2005 APPELLANT(S)/PETITIONERS.:
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1. LILLY THOBIAS, W/O.THOBIAS, PRASHANTH BHAVAN, NEAR S.N.COLLEGE, CHEMMANTHOOR PUNALUR P.O.
2. SHEELA THOBIAS, W/O.RAJAN, MANGALATHU VEEDU, CHEMMANTHOOR, PUNALUR P.O.
3. SHEEJA THOBIAS, W/O.JOHN, J.S.COTTAGE, NEAR S.N.COLLEGE, PUNALUR P.O.
4. SHERLY THOBIAS, W/O.JOHNSON, PUTHENVEEDU PERUNNA P.O. CHANGANACHERRY.
5. SHERRY THOBIAS, W/O.GEORGE KUTTY, PRASHANTH BHAVAN, NEAR S.N.COLLEGE, CHEMMANTHOOR PUNALUR P.O.
6. GEORGE THOBIAS, S/O.GEORGE KUTTY, PRASHANTH BAHVAN, NEAR S.N.COLLEGE, CHEMMANTHOOR PUNALUR P.O.
7. AGES THOBIAS, W/O.SHAJI, MARURETHU HOUSE CHEMMANTHOOR, PUNALUR P.O.
BY ADVS.SRI.R.BINDU (SASTHAMANGALAM) SRI.K.V.VINODKUMAR RESPONDENT(S)/RESPONDENTS.:
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1. G.RAHDAKRISHNA PILLAI, MADATHIL VEEDU, CHEMMANTHOOR, PUNALUR.P.O.
2. B.VIJAYAN, S/O.RAGHAVAN, THAZHAVANA CHARUVILA THAZHATHIL, ARAMPUNNA, PUNALUR.
3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, PUNALUR.
(NAME OF R2 DELETED AS PER ORDER DATED 23.10.2013 IN MACA) R,R1 BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) R,R1 BY ADV. SRI.R.SURAJ KUMAR R,R3 BY ADV. SRI.MATHEWS JACOB (SR.) R,R3 BY ADV. SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD 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.1907 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2015
JUDGMENT
Asha, J.
The appellants are the legal heirs of the deceased who met with an accident on 12.3.2002 and succumbed to the injuries on the same day. A claim petition was filed seeking compensation to the tune of Rs.2 Lakhs. The deceased was a pensioner aged 74 years. The Tribunal awarded a sum of Rs.84,360/-. This appeal is filed seeking enhancement of compensation on the ground that the the monthly income taken is too low and the compensation awarded is inadequate.
2. The Tribunal found that the deceased was a retired Head Constable who was drawing a monthly pension of Rs.3,217/-. Seeing that the widow could draw family pension, the amount covered by the family pension was deducted and the loss of income was reckoned as Rs.1,609/-. One third of the annual income was deducted and the loss of dependency was arrived at adopting the multiplier of 5, as
MACA 1907/2005 Rs.64,360/-. We find that the deduction of personal expenses out of the annual income arrived at, viz. Rs.19,308/- was not proper. Therefore, we adopt the monthly income at the rate of Rs.1,609/- for the purpose of assessing compensation under the head of loss of dependency which will come to Rs.96,540/- (Rs.1609 x 12 x 5). The Tribunal has awarded a sum of Rs.5,000/- towards loss of consortium and no amount is awarded for loss of love and affection. We award a sum of Rs.30,000/- towards loss of consortium and Rs.30,000/- for loss of love and affection. A sum of Rs.3,000/- has been awarded towards funeral expenses which we enhance to Rs.15,000/-. Therefore, the total compensation will come to Rs.1,83,540/- under the following heads: Head of claim Amount awarded by the Tribunal (Rs) Modified award passed by this Court (Rs) Loss of dependency 64360 96540 Transportation charges Funeral expenses 15000 Loss of consortium 30000 Loss of love and affection 30000 Pain and suffering 10000 10000 Total 183540
MACA 1907/2005 (Rupees One lakh eighty-three thousand five hundred and forty only) The enhanced amount will carry interest at the rate of 9% per annum from the date of petition and 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 appeal is allowed as above. No costs.
(T.R. RAMACHANDRAN NAIR, JUDGE.) (P.V. ASHA, JUDGE.) kav/