Annamma Chacko and Joseph Chacko v. Mohanan, P.W.D. Executive Engineer & Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR & THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR TUESDAY, THE 7TH DAY OF NOVEMBER 2017/16TH KARTHIKA, 1939 MACA.No. 1484 of 2013 () ------------------------OPMV 607/2003 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA APPELLANT(S)/APPELLANTS/ADDITIONAL PETITONERS 3 AND 4:-: ------------------------------------------------------- 1. ANNAMMA CHACKO, THOTTUKADAVIL VEEDU, KARUVATTA THEKKUM MURI, KARUVATTA PANCHAYATH, KUMARAPURAM. 2. JOSEPH CHACKO, THOTTUKADAVIL VEEDU, KARUVATTA THEKKUM MURI, KARUVATTA PANCHAYATH, KUMARAPURAM. BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN SRI.K.J.SHARATH KUMAR RESPONDENT(S)/RESPONDENTS/RESPONDENTS AND ADDITIONAL PETITIONERS 5 AND 6:-: 1. MOHANAN, P.W.D. EXECUTIVE ENGINEERS OFFICE, ALAPPUZHA, FROM ARIPARAMBIL, THEKKEN ARYAD MURI, ARYAD - 688 542. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALLEPPEY - 688 001. 3. UNITED INSURANCE CO. LTD., REP. BY ITS DIVISIONAL MANAGER, ERNAKULAM - 682 011. 4. JOHN CHACKO, THOTTUKADAVIL VEEDU, KARUVATTA THEKKUM MURI, KARUVATTA PANCHAYATH, KUMARAPURAM - 683 565. 5. VARGHESE CHACKO, THOTTUKADAVIL VEEDU, KARUVATTA THEKKUM MURI, KARUVATTA PANCHAYATH, KUMARAPURAM - 683 565. R3 BY ADVS. M/S. D.GEETHA, K.SHERIN MOHAN & JOJU KYNADY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## C.T. RAVIKUMAR & B.SUDHEENDRAKUMAR, JJ. .................................................................... M.A.C.A. NO. 1484 of 2013 ...................................................................... Dated this the 7[th] November, 2017 ## JUDGMENT ## Sudheendra Kumar, J. The appellants are the wife and son of deceased Ouseph Chacko who died in a road traffic accident which occurred on 20-10-2001 at about 1.30 p.m. While the deceased was peddling his bicycle along the public road, a car bearing Reg. No. KL-Y/1132 driven by the first respondent in a rash and negligent manner hit against the said vehicle and as a consequence, the deceased sustained serious injuries. He was bedridden for more than two years. Thereafter, on 14-12-2003, he died due to the injuries sustained in the above accident. M.A.C.A. NO. 1484 of 2013 2 2. In connection with the death of the deceased, the Tribunal awarded an amount of Rs. 3,23,900/- as compensation . 3. Aggrieved by the inadequacy of the compensation awarded by the Tribunal, this appeal has been filed. 4. Heard. 5. The only challenge in this appeal is with regard to the quantum of compensation awarded by the Tribunal. The appellants claimed that the deceased was a rice merchant earning Rs. 4000/- per month. The Tribunal had fixed the notional monthly income of the deceased at Rs. 3000/-. The accident in this case was on 20-10-2001. PW1 had given evidence to the effect that the deceased was a rice merchant. Eventhough no document had been M.A.C.A. NO. 1484 of 2013 3 produced to prove that the deceased was a rice merchant earning Rs. 4000/- per month, we find no reason to disbelieve the evidence of PW1 that the deceased was having a monthly income of Rs. 4000/-. Therefore, we accept the monthly income of the deceased as Rs. 4000/-. 6. The deceased was aged 56 years during the relevant period. Therefore, '9' must be the multiplier to be employed for the purpose of calculating the dependency compensation as held by the Apex Court in Sarala Verma v. Delhi Transport Corporation [(2009) 6 SCC 121]. However, the Tribunal had taken only '8' as the multiplier. Since the claimants include wife and children of the deceased, 1/3[rd] of the income of the deceased should be deducted towards the personal expenses of the deceased for the of the purpose calculating dependency compensation. Thus the appellants are entitled to an M.A.C.A. NO. 1484 of 2013 4 amount of Rs.2,88,000/- [4000x12x9x2/3] as dependency compensation. Subtracting the amount of Rs. 2,16,000/awarded by the Tribunal, the appellants are entitled to an amount of Rs. 72,000/- under the said count. The Tribunal awarded only Rs. 5000/- as funeral expenses. We are granting an additional amount of Rs. 5000/- under the said count. The deceased was virtually on the death bed for nearly two years as is evident from Ext. A8 coupled with the evidence of PW1 and PW2. Therefore, an amount of Rs. 73,000/- (365x2x100) is granted as compensation towards bystander expenses. Subtracting the amount of Rs. 9000/- awarded by the Tribunal, the appellants are entitled to an additional compensation of Rs. 64000/under the said count. Towards extra nourishment, the Tribunal did not award any amount. We are granting an amount of Rs. 20000/- under the said count. Considering the nature of injuries sustained by the appellant and also taking into consideration of the fact that the appellant was M.A.C.A. NO. 1484 of 2013 5 bedridden for more than two years before his death, we are granting an amount of Rs. 50,000/- as compensation towards pain and sufferings as against a compensation of Rs. 25,000/- awarded by the Tribunal. Therefore, the appellants are entitled to an additional amount of Rs. 25,000/- under the said count. Towards loss of estate, we are awarding an amount of Rs. 10,000/- as compensation, as against Rs. 3000/- awarded by the Tribunal. Therefore, the appellants are entitled to an additional amount of Rs. 7000/- under the said count. Considering the nature of injuries sustained by the appellant and also taking into account of the fact that the appellant was not even able to move for more than two years after the accident, we are granting an amount of Rs.30,000/- as compensation towards loss of amenities. We are also granting an amount of Rs. 30,000/- as compensation towards love and affection at the rate of Rs. 10,000/- each to each of the children of the deceased as M.A.C.A. NO. 1484 of 2013 6 against a total amount of Rs. 10,000/- awarded by the Tribunal. Therefore, the appellants are entitled to an additional amount of Rs. 20,000/- under the said count. Towards loss of consortium to the wife, we are granting an amount of Rs. 25,000/- as against Rs. 10,000/- awarded by the Tribunal. Therefore, the appellants are entitled to an additional amount of Rs. 15,000/- under the said count. Thus, the appellants are entitled to an amount of Rs. 2,58,000/- (Rupees two lakh fifty eight thousand only) as additional compensation. The above amount carries interest at the rate of 8% per annum from the date of petition till the date of realisation. The 3[rd] respondent, being the insurer of the vehicle involved in the accident, is directed to deposit the above amount of compensation with interest before the Tribunal within two months from the date of receipt of a copy of this judgment. Out of the additional compensation amount, an amount of Rs. 25,000/- each shall be given to the 2[nd] appellant, the M.A.C.A. NO. 1484 of 2013 7 4[th] respondent and the 5[th] respondent. The balance amount with interest shall be given to the first appellant who is the wife of the deceased. In the result, this appeal stands disposed of as above. Sd/- C.T. RAVIKUMAR , JUDGE Sd/- B.SUDHEENDRAKUMAR, JUDGE ani/7/11/ ## **/true copy/** ## **P.S. to Judge**