Fathima And Others v. Rajeev And Others
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 MACA.No. 1729 of 2011 ( ) -------------------------- AGAINST THE AWARD IN OPMV 521/2008 of M.A.C.T OTTAPALAM DATED 16-06-2011 APPELLANTS/PETITIONERS 1, 3 TO 6:
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1. FATHIMA,W/O.LATE MUHAMMED@ KUTTIMANU
2. MAMMU,S/O.LATE MUHAMMED@ KUTTIMANU
3. MOIDEENKUTTY, S/O.LATE MUHAMMED@KUTTIMANU
4. JAMEELA, D/O.LATE MUHAMMED@KUTTIMANU
5. RASIYA, D/O.LATE MUHAMMED @ KUTTIMANU ALL ARE RESIDING AT KURUMBOTTUTHODI VEEDU NELLAYA, OTTAPALAM TALUK, PALAKKAD DISTRICT BY ADVS.SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENTS/RESPONDENTS/PETITIONERS 2 AND 7 : ----------------------------
1. RAJEEV,S/O.RAMAKRISHNAN, RESIDING AT MANKOTTIL HOUSE, "RAJEEV NIVAS", KODALUR MELEPATTAMBI P.O, PALAKKAD DISTRICT 679306
MACA NO.1729/2011
2. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, PATTAMBI679303
3. AZEEZ,S/O.LATE MUHAMMED @ KUTTIMANU, RESIDING AT KURUMBOTTUTHODI VEEDU, NELLAYA P.O. OTTAPALAM TALUK, PALAKKAD DISTRICT 679335
4. NABEESA, W/O.LATE MUHAMMED @ KUTTIMANU RESIDING AT ATTINGHAL VEEDU, P.O.THRIKKADEERI OTTAPALAM TALUK, PALAKKAD DISTRICT.679502
5. SAIDALAVI, S/O.LATE MUHAMMED@ KUTTIMANU RESIDING AT KURUMBOTTUTHODI VEEDU, NELLAYA P.O. PALAKKAD DISTRICT 679335
6. BASHEER, S/O.LATE MUHAMMED @ KUTTIMANU RESIDING AT KURUMBOTTUTHODI VEEDU, NELLAYA P.O. OLLAPALAM TALUK, PALAKKAD DISTRICT 679335 R2 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1729 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2015
JUDGMENT
Asha, J.
The widow and children of deceased Muhammed met with an accident on 2.1.2008 when he was walking through the side of Pattambi-Cherupulassery public road on being hit by a motor cycle. He succumbed to the injuries after being taken to Sevana Hospital, Pattambi.
2.
The claim petition was filed seeking compensation to the tune of `5,00,000/-. The Tribunal awarded a sum of `1,44,000/-. 3.
The learned counsel for the appellants submits that the amount awarded under various heads are thoroughly inadequate. 4.
We heard the learned counsel for the Insurance Company who opposed the claim for enhancement.
5.
The deceased was aged 65 years at the time of the accident. It is claimed that the deceased was a coolie earning `5,000/- per
MACA No.1729/2011 month. The Tribunal reckoned his income @ `2,000/- per month. We are of the view that the income of the deceased can be reckoned as `3,000/-. Therefore, adopting the multiplier of 7 and deducting 1/3 towards personal expenses, the compensation under the head of loss of dependency will come to `1,68,000/- ( 3000 x 12 x 7 x 2/3). 6.
The Tribunal has awarded a sum of `5,000/- alone towards funeral expenses which we enhance to `25,000/-. Towards loss of love and affection, a sum of `10,000/- has been awarded by the Tribunal. The widow and the children have lost the love of the husband/father. Therefore a sum of `50,000/- is awarded towards loss of love and affection. The Tribunal has granted a sum of `10,000/- towards loss of consortium. In view of the fact that the deceased was aged 65 years, we enhance the compensation to `35,000/-. We also enhance the compensation under the head of loss of estate to `10,000/-. 7.
Accordingly, the award passed by the Tribunal is modified as follows :
Head of claim Amount awarded in rupees Transportation expenses
MACA No.1729/2011 Head of claim Amount awarded in rupees Loss of dependency 168000 Loss of consortium 35000 Loss of love and affection 50000 Loss of estate 10000 Funeral expenses 25000 Total 290000 (Rupees two lakhs ninety thousand only) 8.
The enhanced 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 shared between the appellants in the ratio as prescribed by the Tribunal in the award.
The appeal is accordingly allowed.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.