Leelamma & Others v. Thiru.M.Elanko 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 MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 MACA.No. 3062 of 2009 ( ) -------------------------- AGAINST THE AWARD IN OPMV 1298/2003 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA DATED 23-05-2008 APPELLANTS/PETITIONERS:
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1. LEELAMMA AGED 32 YEARS, W/O. DECEASED BENNY GEORGE, MUTHUPLAKKAL HOUSE P.O. PULLIPADAM, MALAPPURAM DISTRICT.
2. LIBIN JOSEPH, AGED 13 YEARS, MINOR REP.
BY HIS MOTHER LEELAMMA, MUTHUPLAKKAL HOUS P.O.PULLIPADAM, MALAPPURAM DISTRICT.
3. LINSE JOSEPH, AGED 11 YEARS, MINOR REP. BY HIS MOTHER LEELAMMA, MUTHUPLAKKAL, HOUSE P.O.PULLIPADM, MALAPPURAM DISTRICT.
4. LIJO JOSEPH, AGED 10 YEARS, MINOR REP. BY HIS MOTHER LEELAMMA MUTHUPLAKKAL HOUSE, P.O.PULLIPADAM, MALAPPURAM DISTRICT.
5. VARKEY.M.V. AGED 60 YEARS, MUTHUPLAKKAL HOUSE, P.O.PULLIPADAM MALAPPURAM DISTRICT.
6. ELIKUTTY, AGED 56 YEARS, MUTHUPLAKKAL HOUSE, P.O.PULLIPADAM MALAPPURAM DISTRICT.
BY ADV. SMT.SADHANA KUMARI ESWARI RESPONDENTS/ RESPONDENTS:
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1. THIRU M.ELANKO, S/O. MARUDAMUTHU, 1/22-B, NORTH STREET, MADURAPURI.P.O.
THURAYOOR DISTRICT, THIRUCHIRAPALLY.
2. C.THANKA RAJU, S/O. CHIDAMBARAM, 1/137 SIVAN KOIL STREET, NAKKA SELAM, PERUMBALLUR.
3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD 613-MADANA GOPALAPURAM, PERAMBALLUR.
R,R3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AL/-
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March 2015
JUDGMENT
Asha, J., The appellants are the widow, three children and parents of the deceased Benny George who met with an accident on 25.7.2003. The jeep in which the deceased was travelling collided with a lorry and he sustained very serious injuries and succumbed to the same on the same day.
2. The claim petition was filed before the Tribunal seeking compensation to the tune of Rs. 5 lakhs. The Tribunal awarded a sum of Rs. 3,35,000/- only.
3. This appeal is filed seeking enhancement of compensation on the ground that the amount awarded under various heads are thoroughly inadequate.
4. The deceased was working as a labourer. It was claimed that he was earning a sum of Rs. 5,000/- per month. The Tribunal reckoned his income as Rs. 2,250/- and adopted the
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multiplier as 16. A sum of Rs. 2,88,000/- was awarded under the head dependency compensation. Learned counsel for the appellants submitted that the deceased was only aged 35 at the time of the accident and the multiplier adopted is not correct. But no such contention is seen raised in the appeal. On the other hand the averments in the appeal are to the effect that the deceased was aged 36. As per the decision of the Apex court in Sarla Verma v. Delhi Transport Corporation [2010 (2) KLT 802 (SC)], the proper multiplier in the case of a person aged 36 is 15. As the deceased was stated to be a labourer, we adopt the monthly income at the rate of Rs. 3,500/- having regard to the wage structure prevailed at the relevant time of accident. Accordingly, the dependency compensation is re-fixed as Rs. 3,500x12x15x3/4 which will come to Rs. 4,72,500/-. The Tribunal has deducted 1/3 towards his personal expenses. In this case, there were six dependants. i.e. widow, children and parents. Therefore, 1⁄4 of the income is deducted towards personal expenses.
5. Under the conventional heads of compensation towards funeral expenses, loss of consortium, loss of love and affection
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etc. the Tribunal has awarded a sum of Rs. 3,000/-, Rs.5,000/- and Rs. 20,000/- respectively. In the light of the decision of the Apex Court in Rajesh v. Rajbir Singh (2013 (3) KLT 89 (SC), we award a sum of Rs. 25,000/- towards funeral expenses and Rs. 1 lakh towards loss of consortium to the widow. As there were three children and parents, we award a sum of Rs. 1,50,000/- towards loss of love and affection. The compensation awarded under the head of pain and suffering is enhanced to Rs. 10,000/-. The Tribunal has not granted any amount towards loss of estate. Therefore, we award a sum of Rs. 25,000/- towards loss of estate. Accordingly, the award is modified as follows: Sl. No.
Heads Amount awarded Amount modified.
1 Loss of dependency 288000 472500 2 Pain and suffering 10000 3 Loss of consortium 15000 100000 Loss of love and affection 20000 150000 5 Funeral expenses 25000 Transportation expenses 7 Loss of estate - 25000 Total 335000 785500
6. Thus the total compensation will be Rs. 7,85,500/- (Rupees Seven lakh Eighty Five thousand Five hundred only) and
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the enhanced compensation will carry interest at the rate of 9% p.a. in the light of the judgment of the apex court in Supe Dei (Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513].
7. Out of the total compensation, a sum of Rs. 20,000/- each will be given to the parents/appellants 5 & 6 and Rs. 75,000/- each to the appellants 2 to 4 and the balance amount will be paid to the widow, the first appellant along with interest.
8. The Insurance Company is directed to deposit the entire amount, less the amount already deposited, within a period of three months from the date of receipt of a copy of this judgment. The court fee if any in deficit will be deducted before disbursing the award amount to the claimants. The appeal is allowed accordingly. No cost.
Sd/- T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/- True copy P.A to Judge