Shiny And Others v. National Insurance Co. Ltd.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 MACA.No. 1067 of 2011 ( ) -------------------------- AGAINST THE AWARD IN OPMV 90/2008 of M.A.C.T.,PERUMBAVOOR DATED 21-02-2011 APPELLANTS/PETITIONERS:
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1. SHINY, W/O DECEASED ANILKUMAR VISHARIKKAPARAMBU HOUSE, KOTTAPPURAM ALANGAD.
2. ANAGHA,AGED 4 YEARS, (D.O.B 22-7-96), D/O.ANILKUMAR -DO- REPRESENTED BY MOTHER AND NATURAL GUARDIAN SHINY---DO--
3. VELAYUDHAN,S/O.KUNJA, VISHARIKKAPRAMBU HOUSE, KOTTAPPURAM, ALANGAD.
4. MALLIKA,W/O.VELAYUDHAN,-DO- BY ADVS.SRI.GOPAKUMAR G. (ALUVA) SMT.ANUPAMA JOHNY RESPONDENT/RESPONDENT:
-------------------------------------------------- NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, URUMBATH BUILDING, PUMP JUNCTION R.S ROAD, ALUVA.
BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1067 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2015
JUDGMENT
Asha, J.
The appellants are the widow, minor child and parents of deceased Anil Kumar, who met with an accident on 24.12.2007 and succumbed to the injuries on 1.1.2008. The deceased Anil Kumar was walking along the road when he was hit by a motor cycle. He was taken to the Ernakulam Medical Centre, Palarivattom and he underwent treatment there for the period from 24.12.2007 to 01.01.2008. He was working as a Welder and was aged 32 years. Claiming that he was earning a monthly income of `5,000/- and relying on Ext.A10 certificate issued from the Cochin Shipyard Ltd., the claim petition was filed seeking compensation to the tune of `9,85,000/-, which was limited to `6,50,000/-. The Tribunal has awarded a sum of ` 5,52,274/- reckoning his monthly income as `3,000/-. 2.
This appeal is filed seeking enhancement of compensation
pointing out that the amounts awarded under various heads are inadequate. The learned counsel appearing for Insurance company supported the award of the Tribunal.
3.
We find that the deceased was indisputably working as a Welder. The certificate Ext.A10 was produced to show that he was earning a sum of `5000/- per month. Going by the wage structure available at the relevant time and having regard to the fact that the deceased was a technically qualified hand, we find that the income claimed by the appellants i.e. `5,000/- was only reasonable and the Tribunal ought to have accepted the same. We therefore reckon his income as `5,000/- per month for the purpose of compensation. The compensation awarded towards funeral expenses is only `2,500/-. Similarly towards loss of consortium, a sum of `10,000/- alone is granted. Towards loss of love and affection also, `10,000/- alone is granted by the Tribunal. Going by the judgment of the Apex Court in Rajesh v.Rajbir Singh ( 2013 (3) KLT 89 (SC), a sum of ` 25,000/- is admissible towards funeral expenses. The widow will be entitled to a sum of `1,00,000/- towards loss of consortium. The
deceased has left behind a minor child who lost the love and affection of his father. Therefore, a sum of `1,00,000/- is awarded towards loss of love and affection. The deceased was succumbed to the injuries after treatment as an inpatient for a period of seven days in the hospital. The Tribunal has awarded a sum of `10,000/- alone towards pain and suffering. Having regard to the very serious nature of the injuries which ultimately resulted in the death, we find it necessary to enhance the compensation under this head to `30,000/-. Similarly, towards loss of estate, the Tribunal has awarded only a sum of `2500/- which we enhance to `30,000/-. Towards loss of dependency, the appellants will be entitled to `7,20,000/- ( 5000 x 12 x 16 x 3⁄4). 4.
Accordingly, the award is modified as follows : Head of claim Amount Awarded in Rupees Transport to hospital Damage to cloths etc.
Funeral expenses 25000 Attenance expenses Pain and suffering 30000 Loss of estate 30000 Loss of consortium 100000
Head of claim Amount Awarded in Rupees Loss of dependency 720000 Loss of love and affection 100000 Treatment expenses 81724 Total 1090274/- Rounded off to 10,90,000/- (Rupees ten lakhs ninety thousand only) 5.
The amount will carry interest @ 9% per annum from the date of petition. The Insurance Company shall deposit the amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment. The amount will be apportioned in the ratio as prescribed by the Tribunal. Before disbursing the enhanced compensation, the Tribunal shall collect the court fee towards the same.
The appeal is accordingly allowed.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.