Thankamma v. Sajeev Kumar
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 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 MACA.No. 1950 of 2007 ( ) -------------------------- AGAINST THE AWARD IN OPMV 363/2004 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPPALAM DATED 22-08-2006 APPELLANT(S)/APPELLANTS/PETITIONERS::
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1. THANKAMMA, AGED 48 YEARS, W/O. RAJAN, CHULLIVALAPPIL HOUSE, IRUNILAMKODE P.O MULLURKKARA (VIA), THRISSUR.
2. RAJANY, AGED 19 YEARS, W/O. BABU P.R. (LATE), CHULLIVALAPPIL HOUSE IRUNILAMKODE P.O., MULLURKKARA (VIA), THRISSUR.
3. SHAJU, AGED 24 YEARS, S/O. RAJAN, CHULLIVALAPPIL HOUSE, IRUNILAMKODE P.O. MULLURKKARA (VIA), THRISSUR.
4. RAJAN, AGED 50 YEARS, CHULLIVALAPPIL HOUSE, IRUNILAMKODE P.O.
MULLURKKARA (VIA), THRISSUR.
SUPPL.
5. BABURAJ, AGED 5 MONTHS, REPRESENTED BY HIS GUARDIAN, MOTHER 2ND PETITIONER, RAJANY.
BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S)/RESPONDENTS::
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1. SAJEEVKUMAR, S/O. RAMAKRISHNAN, PLAVINKOOTTATHIL HOUSE, KUTTOOR.
MACA.No. 1950 of 2007 ( ) -------------------------- -2-
2. KESAVADAS, S/O. LATE BALAKRISHNAN, ATTOOR HOUSE, CHOOLISSERY, THRISSUR.
3. THE NATIONAL INSURANCE CO. LTD., SHRIRAM SITE OFFICE, 2-A, PRAKASAM ROAD T. NAGAR, CHENNAI., P.NO.501602/31/03/5301066 VALID FROM 27-11-2003, TO 26-11-2004.
R,R3 BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V. ASHA, JJ.
................................................. . .............................................. Dated this the 30th day of March, 2015.
J U D G M E N T
P.V. Asha, J The appellants are the parents, brother, wife and minor child of deceased Babu, who met with an accident on 26-12-2003. The accident occurred when the bus in which he was travelling, hit on a post. The deceased fell down and sustained injuries. Immediately, he was taken to West Fort Hi-Tech Hospital, Thrissur. After 74 days of inpatient treatment he succumbed to the injuries on 29-3-2004.
2. This appeal is filed seeking enhancement of compensation. The claim petition was filed seeking compensation to the tune of Rs.15,00,000/-. But the Tribunal awarded a sum of Rs.3,70,574/- only.
3. We heard the learned Counsel appearing for both sides.
4. The deceased was aged 24 years at the time of the accident. He was a member of the Railway Construction Labours Union and it was claimed that he was earning a sum of Rs.3500/- per month. The Tribunal has fixed the income at the rate of Rs.3000/- per month. After deducting 1/3rd towards personal expenses, the Tribunal awarded a sum of Rs.2,64,000/- under the head of compensation towards loss of dependency. The wife was aged 19 years. She was awarded a sum of Rs.30,000/- towards loss of consortium. The award is challenged on inadequacy of the quantum of compensation awarded on various grounds.
5. In the light of the judgment of the Apex Court in Rajesh vs. Rajbir Singh (2013 (3) KLT 89(SC)), the claimants are entitled to a sum of Rs.1,00,000/- towards love and affection, Rs.25,000/- towards funeral expenses and widow is entitled to a sum of Rs.1,00,000/- towards loss of consortium. As the deceased was engaged as a
construction worker in the railway, we are of the view that the monthly income claimed as Rs.3,500/- is reasonable and hence we adopt the same to fix it as monthly income towards loss of dependency. The Tribunal has adopted the multiplier of 11. In the light of the judgment of the Apex Court in Sarala Verma vs. Delhi Transport Corporation (2010(2) KLT 802 (SC)), the multiplier is to be adopted on the basis of the age of the deceased. As the deceased was 24 years old, the proper multiplier is 18. Therefore, reckoning the monthly income as Rs.3,500/-, adopting multiplier as 18 and after deducting 1⁄4th towards personal expenses a sum of Rs. 5,67,000/- (3500x12x3/4x18) is admissible to the appellants towards loss of dependency. The Tribunal has not awarded any amount towards loss of estate. We award a sum of Rs.35,000/- towards loss of estate. It is seen that the deceased was under the in-patient treatment for a period of 74 days for which the Tribunal has awarded a sum of Rs.11,100/- only. We enhance the same to Rs.14,800/- at the rate of Rs.200/- per day. The
award passed by the Tribunal is modified as follows. Head of claim Amount awarded by the Amount modified.
Tribunal Loss of dependency 264000 567000 Medical expenses 27301 27301 Loss of consortium 30000 100000 Loss of love and affection 30000 100000 By-standers expenses 11100 14800 Travelling expenses.
Funeral expenses 25000 Loss of estate 35000 Total 8,72,274/- (Rupees eight lakhs seventy two thousand two hundred and seventy four only)
6. Therefore, the total compensation will come to Rs. 8,72,274/-. The enhanced compensation will carry interest at the rate of 9% per annum. The insurance company will deposit the modified amount, less any amount already deposited before the Tribunal, within a period of three months. The compensation awarded shall be shared between appellants 2 and 5 equally. The share for the minor child shall be kept in fixed deposit in a nationalised bank till the child attains majority.
The appeal is allowed as above. The parties shall bear respective costs in the appeal.
T.R.RAMACHANDRAN NAIR JUDGE P.V. ASHA JUDGE smm