K.O.Mathew v. Mohammed M,.P.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 MACA.No. 554 of 2007 ( ) ------------------------- AGAINST THE AWARD IN OP(MV) 82/2003 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI DATED 30-11-2006 APPELLANTS/PETITIONERS:
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1. K.O.MATHEW, S/O JOSEPH, KULATHINGAL HOUSE, KAKADAMPOYIL P.O.
KOZHIKODE DISTRICT.
2. THRESSIAMMA, W/O K.O.MATHEW, KULATHINGAL HOUSE, KAKADAMPOYIL P.O KOZHIKODE DISTRICT.
3. JOSEKUTTY, S/O K.O.MATHEW, KULATHINGAL HOUSE, KAKADAMPOYIL P.O KOZHIKODE DISTRICT.
4. SEBASTIAN @ JOJO, SON OF K.O.MATHEW, KULATHINGAL HOUSE, KAKADAMPOYIL P.O KOZHIKODE DISTRICT.
5. JINTO, W/O SAJAN, PALATHINKAL HOUSE, ERIMAMUNDA P.O.
MALAPPURAM DISTRICT.
6. JOBY, S/O K.O.MATHEW, KULATHINGAL HOUSE, KAKADAMPOYIL P.O KOZHIKODE DISTRICT.
7. JINCY, D/O K.O.MATHEW, KULATHINGAL HOUSE, KAKADAMPOYIL P.O KOZHIKODE DISTRICT.
8. THOMAS K.M., S/O K.O.MATHEW, KULATHINGAL HOUSE, KAKADAMPOYIL P.O KOZHIKODE DISTRICT.
BY ADV. SRI.VINOD VALLIKAPPAN
MACA.No. 554 of 2007 ( ) RESPONDENTS/RESPONDENTS:
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1. MOHAMMED M.P., S/O UMMAYYA, MADATHAMPOYIL HOUSE, MUTTANCHERRY P.O., NARIKUNNI KOZHIKODE.
2. T.T.RAFEEQUE, S/O ABDURAHIMAN, THEKKEYTHODUKAYIL HOUSE, MUTTANCHERY P.O., NARIKKUNNI KOZHIKODE DISTRICT.
3. THE NEW INDIA ASSURANCE CO. LTD.
BRANCH OFFICE, SHAFEER COMPLEX OPPOSITE YMCA KANNUR ROAD, KOZHIKODE.
R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/
T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2015
J U D G M E N T
Ramachandran Nair , J.
The appellants are parents as well as siblings of deceased Joy Mathew who suffered serious injuries in an accident which occurred on 17.10.2002 at about 12 in the midnight. He was riding a motorcycle bearing registration No.KL-11 H 8151 from Nilambur to Kakadampoyil. It was hit by a lorry bearing registration No.KL-11 M 8236. Even though he was taken to the Government Taluk Hospital, Nilambur on the way he died. Total amount claimed is Rs.7 lakhs.
2.
He was a driver and businessman by profession and aged 28 at the time of accident. Monthly income claimed was at Rs.8,000/-. But the Tribunal has taken it only at the rate of Rs.1,500/-. The multiplier taken is 11 based on the average age of mother and father. Finally Rs.1,52,500/- has been granted by the Tribunal in the
-2following manner:
Head of claim Amount awarded in Rs.
Transport to hospital Funeral expenses Loss of estate Pain and suffering Loss of love and affection 10000 Loss of dependency 18000x2x11/3 132000 152500 3.
As he was aged 28, in the light of the decision in Sarla Varma v. Delhi Transport Corporation [2010 (2) KLT 802 (SC) the multiplier will have to be reckoned based on the age of the victim. The multiplier going by the said judgment is 17, which we adopt. Since it was claimed that he was a driver and a businessman it will be safe to adopt Rs.4,000/- for calculating the compensation. The compensation under the other heads also requires enhancement and we re-fix the same in the following manner:
-3Head of claim Amount re-fixed in Rs.
Transport to hospital Funeral expenses 10000 Loss of estate 15000 Pain and suffering 10000 Loss of love and affection 30000 Loss of dependency 4000x12x17x50/100 408000 Total 4,74,000 (Rupees four lakhs seventy four thousand only) The enhanced compensation will carry interest at the rate of 9% from the date of petition till realisation. The insurance company has already been found liable to indemnify the owner.
The enhanced amount will be shared equally as already directed by the Tribunal.
There will be a direction to the Insurance Company to deposit the amount of compensation, with interest less the amount already deposited, before the Tribunal within a period of three months and we permit the claimants to
-4withdraw the amount after the same is deposited by the Insurance Company.
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/