Nalini v. The Manager
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 MACA.No. 2240 of 2014 () ------------------------- AGAINST THE AWARD IN OPMV 1190/2010 of M.A.C.T.,PERUMBAVOOR DATED 15-05-2014 APPELLANT/(PETITIONER IN OPMV NO.1190/2010):
-------------------------------------------------------------- NALINI W/O. VELAYUDHAN, KATHAAMPURATH HOUSE, KANAL PURAMBOKU THEVAKKAL, KAKKANAD, THARAKARA ALUVA EAST VILLAGE, NOW RESIDING AT HOUSE NO.10/290 HARIJAN COLONY, KURLAD, EDATHALA ALUVA EAST VILLAGE, ERNAKULAM DISTRICT.
BY ADVS.SRI.REJI GEORGE SRI.GOPAKUMAR G. (ALUVA) SMT.ANUPAMA JOHNY RESPONDENT/(RESPONDENT NO.3 IN OPMV 1190/2010: ------------------------------------------------------- M/S. THE ICICI LOMBARD, MOTOR INSURANCE, ZENITH HOUSE KESHAVARAO KHADE MARG, MAHALAXMI, MUMBAI-400 034. BY ADV. SRI.R.AJITH KUMAR (128/84) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2240 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal is filed by the claimant, the mother of deceased Laiju. The grievance is only regarding the inadequacy of compensation. The deceased was a cleaner in a lorry and he died in a motor vehicle accident on 8.12.2009 at 5.30 a.m. near Vallarpadom container terminal project.
2.
We heard the learned counsel for the appellant and the learned counsel for the Insurance Company.
3.
The deceased was a bachelor at the time of death. His age at the time of the accident was 26. Therefore, the correct multiplier of 17 was adopted by the Tribunal. The monthly income has been notionally fixed as `3,500/-. According to the learned counsel for the appellant, the same is totally inadequate.
4.
The learned counsel for the Insurance Company submits
MACA No.2240/2014 that adequate compensation has been granted.
5.
We are of the view that since the deceased was working as a cleaner, even though `8,000/- was claimed as the monthly income, we will be justified in adopting `6,000/-, which will be a reasonable and fair amount. As regards loss of estate, the Tribunal has granted only `2,500/-.
6.
We therefore refix the compensation in the following manner :
Head of claim Amount Awarded in rupees Funeral expenses 25000 Transport to hospital Loss of dependency 612000 (6000 x 12 x 17 x 1⁄2) Pain and suffering 10000 Loss of love and affection 100000 Loss of estate 35000 Total 785000 (Rupees seven lakhs eighty five thousand only) 7.
The enhanced compensation will carry interest @ 9% per annum from the date of petition. We direct the Insurance Company to
MACA No.2240/2014 deposit the amount less the amount already deposited before the Tribunal within a period of three months. On deposit of the enhanced compensation, we permit the appellant to withdraw the amount also. There will be a direction to the Tribunal to recover the court fee, if any payable by the appellant from the amount deposited by the Insurance Company.
The appeal is accordingly allowed. The parties will suffer their costs in the appeal.
T.R.RAMACHANDRAN NAIR, JUDGE K.P.JYOTHINDRANATH,JUDGE sv.