Leela Sundaran v. Sathyaraj
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 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 MACA.No. 1883 of 2013 () ------------------------- AGAINST THE AWARD IN OPMV 2532/2007 of MACT,EKM DATED 31-08-2011 APPELLANT(S)/APPELLANTS/PETITIONERS:
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1. LEELA SUNDARAN AGED 71 YEARS W/O. LATE SUNDARAN, RESIDING AT CHEERKAKUZHI VEEDU NURSARY SCHOOL ROAD, PONNURUNNI, CHALIKKAVATTOM VYTTILA P.O., COCHIN-19.
2. VINITHA BABU AGED 41 YEARS W/O. LATE C.S.BABU, RESIDING AT CHERKAKUZHI VEEDU NURSARY SCHOOL ROAD, PONNURUNNI, CHALIKKAVATTOM VYTTILA P.O., COCHIN-19.
3. VANDHANA BABU AGED 19 YEARS D/O. LATE C.S.BABU, RESIDING AT CHERKAKUZHI VEEDU NURSARY SCHOOL ROAD, PONNURUNNI, CHALIKKAVATTOM VYTTILA P.O., COCHIN-19.
4. SREEJITH BABU AGED 14 YEARS S/O. C.S.BABU, (D.O.B. 3-4-99), MINOR REP. BY HIS MOTHER AND GUARDIAN VINITHA BABU W/O. LATE C.S.BABU, AGED 35 RESIDING AT CHERKAKUZHI VEEDU, NURSARY SCHOOL ROAD PONNURUNNI, CHALIKKAVATTOM, VYTTILA P.O.
COCHIN-19 BY ADVS.SRI.K.JANARDHANAN SMT.P.C.JEEVA SRI.K.J.MANU RAJ RESPONDENT(S)/RESPONDENT/RESPONDENTS:
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1. SATHYARAJ, AGED 51 YEARS S/O. CHARLIES, MEKUKARAPUTHAN VEETIL, KEZHKOLLA DESOM NEYATINKKAR, THIRUVANANTHAPURAM. (DELETED)
2. THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM.
(NAME OF R1 DELETED FROM THE PARTY ARRAY AS PER ORDER IN IA 390/2015 DATED 11.3.2015) R2 BY SRI.SREEPRAKASH K.NAIR, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAMACHANDRAN NAIR & P.V. ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1883 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2015
JUDGMENT
Asha, J.
The mother, widow and two children have filed this appeal seeking enhancement in compensation towards the death of late Sundaram who succumbed to the injuries sustained to him in a motor vehicle accident on 20.9.2007. The deceased Sundaram was riding a motor cycle when a KSRTC bus hit against him which caused fatal injuries to him.
2. The claim petition was filed seeking compensation to the tune of Rs.11,07,500/-. The Tribunal awarded a sum of Rs.5,85,000/-. Learned counsel for the appellants submitted that the compensation awarded by the Tribunal is thoroughly inadequate. It is pointed out that the deceased was working as a sub contractor. Even though a sum of Rs.6,500/- was claimed as monthly income, the Tribunal reckoned Rs.4,000/- alone.
3. When the matter came up for admission we heard the matter and the same is being disposed. We heard learned counsel for the KSRTC also who opposed the claim for enhancement.
4. In view of the fact that the appellant was working as a sub contractor, we are of the view that the income can be fixed at Rs.5,000/- per month, especially in view of the fact that there is no evidence to the contrary. Therefore, the compensation under the head of loss of dependency will come to Rs.6,75,000/- (Rs.5000/- x 12 x 3⁄4 x 15). The Tribunal awarded a sum of Rs.2,000/- only for funeral expenses, Rs.15,000/- for loss of love and affection and Rs.15,000/- for loss of consortium. In view of the judgment of the Apex Court in Rajesh v. Rajbir Singh (2013 (3) KLT 89 - SC) and Savitha v. Binder Singh {(2014) 4 SCC 505}, we award a sum of Rs.25,000/- towards funeral expenses; since there are two children we award a sum of Rs.1,50,000/- towards loss of love and affection and Rs.1 lakh towards loss of consortium to widow. The Tribunal has awarded a sum of Rs.5,000/- for pain and suffering which we enhance to Rs.10,000/-. For loss of estate also, the Tribunal awarded only Rs.5,000/- which we enhance to Rs.30,000/-.
Therefore, 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 540000 675000 Transport to hospital Funeral expenses 25000 Pain and suffering 10000 Loss of love and affection 15000 150000 Loss of estate 30000 Loss of consortium 15000 100000 Total 993000 (Rupees Nine lakhs and ninetythree thousand only) The enhanced amount of compensation 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. The parties will suffer their costs in the appeal.
(T.R. RAMACHANDRAN NAIR, JUDGE.) (P.V. ASHA, JUDGE.) kav/ The words "insurance company" occurring in the operative portion of the judgment at page 3 are corrected and substituted as
"second respondent K.S.R.T.C." as per order dated 9.4.2015 in I.A.1451/2015 in M.A.C.A.1883/2013.
sd/- Registrar (Judicial) in charge