Viswanathan Nair v. Andrews Jacob
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 MACA.No. 1219 of 2013 () ------------------------- AGAINST THE AWARD IN OPMV 1789/2008 of ADDL.D.C.& MACT,PATHANAMTHITTA DATED 01-04-2013 APPELLANT(S)/PETITIONERS:
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1. VISWANATHAN NAIR, S/O.GOPALA PILLAI, SALINI NIVAS, KAVUMBHAGOM.P.O THIRUVALLA.
2. INDIRADEVI, W/O.VISWANATHAN NAIR, SALINI NIVAS, KUVUMBHAGOM.P.O THIRUVALLA.
BY ADVS.SRI.S.SUBHASH CHAND SRI.SHINDO VARGHESE RESPONDENT(S)/RESPONDENTS:
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1. ANDREWS JACOB, S/O.CHACKO, KUNNUMPURATH HOUSE, ASANPADI CHINGAVANAM.P.O, KOTTAYAM DISTRICT.
2. MANAIGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM-695001.
3. NEW INDIA ASSURANCE CO.LTD, THAMBANUR, THIRUVANANTHAPURAM-695001.
R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAMACHANDRAN NAIR & P.V. ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1219 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2015
JUDGMENT
Asha, J.
The parents of deceased Ajayakumar who met with a motor vehicle accident occurred on 13.8.2008, have filed this appeal seeking enhancement in compensation. The deceased was travelling through Thiruvalla - Mavelikkara public road when it was hit by a KSRTC bus causing severe injuries to him. He was immediately taken to Pushpagiri Medical College Hospital, Thiruvalla. He continued under treatment till 3.11.2008 when he succumbed to the injuries.
2. A claim petition was filed before the Tribunal seeking compensation to the tune of Rs.17 lakhs. It was claimed that the deceased was employed as Factory Manager in a company named Navoji Silk Company Uzbekistan, Russia and was drawing a monthly salary of Rs.40,000/-. Since the appellants were unable to prove the
salary of the deceased by producing a salary certificate, the Tribunbal fixed the monthly income at Rs.7,000/-. A sum of Rs.8,58,180/- was awarded as the total compensation.
3. Learned counsel for the appellants submitted that the amount awarded by the Tribunal under various heads are thoroughly inadequate and the income reckoned is too low.
4. We heard learned counsel for the insurance company who opposed the claim for enhancement by pointing out that there is no evidence for the salary drawn by the deceased.
5. We find that the Tribunal has reckoned the monthly income at Rs.7,000/- and thereafter 50% of the same was added and then the average of Rs.10,500/- and Rs.7,000/- was taken and 50% was deducted for the purose of assessing compensation under the head of loss of dependency. Since the fact that the deceased was employed in Russia has been proved, the income reckoned by the Tribunal at the rate of Rs.7,000/- and addition of 50% towards future prospects is only
reasonable, as against the claim of Rs.40,000/-. But we find that the method adopted by the Tribunal in taking the average of Rs.10,500/- and Rs.7,000/- after adding 50% towards future prospects is not correct. When 50% of the salary was added the income which should have been reckoned was Rs.10,500/- instead of Rs.8,750/-. Therefore, reckoning the monthly income at Rs.10,500/- after adding 50% towards future prospects, the loss of dependency will come to Rs.9,45,000/-. The Tribunal has awarded a sum of Rs.10,000/- towards pain and suffering. It is seen that the appellant was in hospital for a period of 82 days due to the very serious injuries sustained. Having regard to the shock, pain and suffering during this period, we award a sum of Rs.50,000/- towards compensation for pain and suffering. The Tribunal has awarded only a sum of Rs.8,200/- towards bystander's expenses. The accident occurred in the year 2009. We enhance the compensation under this head to Rs.20,500/-, reckoning Rs.250/- per day. Towards compensation for love and affection, the Tribunal
awarded only a sum of Rs.30,000/- which we enhance to Rs.50,000/-. The Tribunal has granted a sum of Rs.5,000/- towards loss of estate. We enhance the same to Rs.50,000/-. We enhance the compensation for funeral expenses to Rs.25,000/-, going by the decision of the Apex Court in Rajesh v. Rajbir Singh (2013 (3) KLT 89 - SC) 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 262500 945000 Transport to hospital Damage to clothing Funeral expenses 10000 25000 Medical expenses 530480 530480 Bystander expenses 20500 Pain and suffering 10000 50000 Loss of estate 50000 Loss of love and affection 30000 50000 Total 1672980 (Rupees Sixteen lakhs seventy-two thousand nine hundred and eighty only)
The enhanced amount will carry interest at 9% per annum 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. The parties will bear their costs in the appeal.
(T.R. RAMACHANDRAN NAIR, JUDGE.) (P.V. ASHA, JUDGE.) kav/