P.M.Manukuttan v. Mahesh.P. And Another
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 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 MACA.No. 2169 of 2011 ( ) -------------------------- AGAINST THE AWARD IN OP(MV) 587/2010 of M.A.C.T.,KOZHIKODE DATED 24-09-2011 APPELLANT/PETITIONER:
------------------------ P.M.MANUKUTTAN S/O.APPU, RESIDING AT THIRUNILATH HOUSE, P.O.ARIYALLUR BANKPADI, MALAPPURAM.
BY ADVS.SRI.A.V.M.SALAHUDIN SMT.P.Y.SHEHEERA RESPONDENTS ----------------------------
1. MAHESH.P S/O.MANUKUTTAN RESIDING AT DOOR NO.147/D RAILWAY WAGON WORKSHOP COLONY, GUNTUPALLI, VIJAYAWADA-520 001.
2. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED DOOR NO.40-01-09, IST FLOOR, BESIDES TIPSY TOPSY M.G.ROAD, LABBIPET, VIJAYAWADA.
R2 BY ADV. SRI.P.S.RAMU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SMM
T.R.RAMACHANDRAN NAIR & P.V. ASHA, JJ.
................................................. . .............................................. Dated this the 25th day of March, 2015.
J U D G M E N T
T.R.Ramachandran Nair,J The wife of the appellant died in an accident. She was aged 52 and was travelling as a pillion rider along with her son, first respondent herein from Kadalundi to Kozhikode on 8-6-2009. She was thrown out of the motorcycle and died while undergoing treatment at MIMS Hospital on 9-62009. Rupees five lakhs was claimed as compensation.
2. The Tribunal has granted compensation in the following manner Heads of claims Amount claimed Amount allowed Transport to hospital Damage to clothing Treatment expenses 10000 Funeral expenses Loss of love and affection 30000 Pain and suffering to victim 40000 10000 Loss of companionship 40000 Loss of estate Nil Loss of dependancy 2,50,000 100000 Total 1,35,000/-
3. It was claimed that the deceased was a tailor by profession and the Tribunal awarded the compensation by fixing the monthly income as Rs.3,500/-. The learned Counsel for the appellant submitted that at any rate Rs.4500/- can be taken as monthly income, which was opposed by the learned Counsel for the Insurance Company, by pointing out that there is no evidence to show the profession of the deceased.
4. When there is no clear evidence to prove that she was working as a tailor, we will have to consider her service as a housewife, for which we grant Rs.3,500/- per month as notional income for awarding compensation. Other items of heads of claim which require modification are funeral expenses, loss of companionship and loss of estate. According to us, for funeral expenses Rs.25,000/- is liable to be granted, for loss of companionship we grant an amount of Rs.50,000/-, and for loss of estate we grant an amount of Rs.20,000/-. The appellant was aged 61 years at the time of the accident and the Tribunal adopted the
proper multiplier as 5, which is not justified. Going by the judgment of the Apex Court in Sarala Verma vs. Delhi Transport Corporation (2012(2) KLT 802), the multiplier to be adopted is 11. Therefore, compensation for loss of dependancy will be Rs.3,08,000/- (3500x12x11x2/3). Heads of claims Amount awarded by the Amount modified Tribunal Transport to hospital Damage to clothing Treatment expenses Funeral expenses 25000 Loss of love and affection Pain and suffering to the victim 10000 10000 Loss of companionship 50000 Te Loss of estate 20000 Loss of dependancy 100000 308000 Total 1,35,000/- 4,25,000/- (Rupees four lakhs twenty five thousand only)
5. Therefore, the total compensation will come to Rupees four lakhs twenty five thousand only. It will carry interest at the rate of 9% per annum for the enhanced compensation. The Insurance Company will deposit the
modified amount, less any amount already deposited before the Tribunal, within a period of three months. We permit the appellant to withdraw the amount.
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