High Court of KeralaDivision BenchAppeal partly allowed; enhanced compensation; i...

Laly and others v. Reliance General Insurance Company Ltd

Case / Petition Number:MACA No. 2279 of 2016

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.K. Abdul Rehim
  • Shircy V.
Judgment Date
2017-02-21
Court Decision / Holding
The appeal is allowed in part. The enhanced compensation is fixed at Rs. 2,45,700, with interest at 9% per annum from the date of the claim petition until realisation. The insurer is directed to deposit the enhanced amount within two months; upon such deposit, the appellants may withdraw the amount, with the Tribunal to pass appropriate orders enabling withdrawal. The enhanced amount is to be apportioned in the same manner as the Tribunal’s earlier apportionment.
Final Disposition
Appeal partly allowed; enhanced compensation; interest; deposit and withdrawal directions

Parties to the Case

Appellants / Petitioners

  • Laly
  • Alan (minor) through mother Laly
  • K.A. Joseph
  • Alekutty

Respondents

  • Reliance General Insurance Company Ltd

Legal Representation & Advocates

Counsels for Petitioners

  • • M.R. Jayalatha

Counsels for Respondents

  • • K.B. Ramanand

Case Synopsis & Summary

The Kerala High Court, in MACA No. 2279 of 2016, hears a motor accident claims appeal arising from O.P.(MV) No.496/2015 before the Motor Accidents Claims Tribunal, Taliparamba. The accident occurred on 28 April 2008 when a car collided with a tree, causing the death of the husband of the first appellant. The Tribunal awarded Rs. 8,27,300 against the claim of Rs. 20 lakh; the appellants—wife, a minor child (through the wife), and the deceased’s dependents (parents)—petitioned for enhanced compensation. The court examines whether the Tribunal properly assessed the deceased’s income, the appropriate multiplier, and deductions under the Sarla Verma guidelines. The appellants’ counsel argued that the deceased, though not proved by formal evidence, had a plausible private survey-related occupation; consequently, the court increases notional monthly income from Rs. 3,500 to Rs. 5,000, applies 30% future prospects (Rs. 6,500 per month), and, taking into account a 14-year multiplier and a 1/4 deduction for personal expenses per Sarla Verma, fixes the dependency compensation at Rs. 8,19,000. After subtracting the Tribunal’s Rs. 5,73,300 already awarded under this head, the balance comes to Rs. 2,45,700. The court finds the existing Rs. 1,00,000 for loss of consortium and Rs. 1,00,000 for loss of love and affection reasonable and does not alter other heads. The appeal is allowed in part, directing payment of Rs. 2,45,700 as enhanced compensation, with 9% interest and two-month deposit, and directs apportionment of the enhanced amount in the same manner.

Legal Doctrines & Maxims

  • Sarla Verma principles on dependency, future prospects and deduction for personal expenses (Sarla Verma and Others v. Delhi Transport Corporation and another, (2009) 6 SCC 121)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contended that the deceased had a plausible private surveying-related occupation; notional monthly income should be Rs. 5,000 with 30% future prospects, resulting in higher monthly earnings. After applying the Sarla Verma framework, 1/4 of total income should be deducted for personal expenses, and the dependency compensation should be recalculated accordingly. They argued that the Tribunal underestimated the claims and sought enhancement across heads (dependency, loss of consortium, loss of love and affection).

Contentions of Respondents

The respondent insurer contended that the Tribunal’s award was appropriate given the evidence; the appellants failed to prove the exact income; the court should not disturb the heads arbitrarily or exceed the Tribunal’s computation; the original award should stand unless an error is established.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Sarla Verma and Others v. Delhi Transport Corporation and another(2009) 6 SCC 121PositiveThe court relies on the Sarla Verma framework for calculating notional income, future prospects, and the deduction for personal expenses to compute the compensation for dependency.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Laly and others v. Reliance General Insurance Company Ltd and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MRS. JUSTICE SHIRCY V.** **TUESDAY, THE 21ST DAY OF FEBRUARY 2017/2ND PHALGUNA, 1938** **MACA.No. 2279 of 2016 -------------------------** **AGAINST THE AWARD IN OPMV 496/2015 of M.A.C.T., TALIPARAMBA DATED 0401-2016** ## **APPELLANTS/PETITIONERS :** **-------------------------** **1. LALY AGED 36 YEARS, W/O. LATE ABRAHAM @ KUTTAPPAI, ATTIKKAL HOUSE, THIMIRI AMSOM, P.O.TADIKKADAVE, VIA CHAPPARAPPADAVE, KANNUR DISTRICT.** **2. ALAN S/O. LATE ABRAHAM @ KUTTAPPAI, ATTIKKAL HOUSE, THIMIRI AMSOM, P.O.TADIKKADAVE, VIA CHAPPARAPPADAVE, MINOR, AGED 5 YEARS, THROUGH THE GUARDIAN MOTHER LALY, W/O. LATE ABRAHAM @ KUTTAPPAI, THIMIRI AMSOM, P.O.TADIKKADAVE, VIA CHAPPARAPPADAVE, KANNUR DISTRICT.** **3. K.A.JOSEPH AGED 73 YEARS, ATTIKKAL HOUSE, THIMIRI AMSOM, P.O.THADIKADAVE, KANNUR DISTRICT.** **4. ALEKUTTY AGED 66 YEARS, W/O. K.A.JOSEPH, THIMIRI AMSOM, P.O.THADIKADAVE, KANNUR DISTRICT.** ## **BY ADV. SMT.M.R.JAYALATHA** **RESPONDENT/RESPONDENT :** **--------------------------** **RELIANCE GENERAL INSURANCE COMPANY LTD XI/3599, 4TH FLOOR, ELIZABETH ALEXANDER MEM, SHANMUGHAM ROAD, MARINE DRIVE, COCHIN-682 031. (POLICY NO.2201172311364187).** **R1 BY ADV. SRI.K.B.RAMANAND** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **C.K. ABDUL REHIM & SHIRCY V.,JJ.** ## **==============================** ## **M.A.C.A. No. 2279 OF 2016** ## **============================== Dated this the 21[st] day of February, 2017** ## **JUDGMENT** ## **Shircy V., J.** The award in O.P.(MV) No.496/2015 on the files of the Motor Accidents Claims Tribunal, Taliparamba, has been challenged by the appellants/claimants alleging that the quantum of compensation awarded to them is quite insufficient and inadequate. 2. The brief facts of the case are as follows: On 28-4-2008 at about 10 a.m., the husband of the 1[st] appellant was travelling in a car bearing Reg. No. KL-13-P2225 from Vimalassery to Chapparappadave and when he reached at Athirukunnu, it hit on a tree and capsized due to the rash and negligent driving of the 2[nd] Respondent. The husband of the 1[st] appellant sustained severe injuries in the accident and he succumbed to the injuries while undergoing MACA 2279/2016 2 treatment. Against the claim of Rs.20 lakhs, the Tribunal has granted compensation of Rs.8,27,300/-. Hence this appeal. 3. The accident as well as the insurance policy of the offending vehicle are admitted. So also the finding of the Tribunal that the accident occurred due to the negligent driving of the vehicle by the 2[nd] Respondent is not in dispute. Hence the question to be decided is whether just and reasonable compensation had been awarded by the Tribunal to the legal heirs of the deceased. 4. We heard the learned counsel for the appellants and the learned standing counsel for the respondent/ insurance company. 5.According to the learned counsel for the appellants, the deceased was a private Surveyor earning a monthly income of Rs.12,000/- per month. Of course, the appellants could not adduce any convincing evidence to prove the occupation and the income of the deceased. So the Tribunal MACA 2279/2016 3 had notionally fixed the monthly income of the deceased at Rs.3500/-and 30% of the income had also been added as future prospects to compute the compensation awarded to the appellants/legal heirs of the deceased. But it is to be noted that Ext.A4 is the copy of the certificate of the deceased to prove that he had completed the survey course. So the case of the appellants that he was engaged in private survey works appears to be probable. Hence we find that the income notionally fixed by the Tribunal at Rs.3500/- is on the lower side and that has to be enhanced as Rs.5,000/-. When 30% of the income is added as future prospects, the amount would be Rs.6500/- (5000+30% of 5,000). The deceased was aged 43 years .Of-course the correct multiplier had been adopted for calculation . The appellants are the wife, minor children and parents of the deceased. So applying the principles laid down in **Sarla Verma and Others v. Delhi Transport corporation and another [ (2009) 6 SCC 121]** , 1/4[th] of the total income MACA 2279/2016 4 has to be deducted for personal expenses of the deceased. So the total compensation under the head of dependency is reworked as Rs.8,19,000/- (6500x12x14x3/4). After deducting the amount of Rs.5,73,300/- granted by the Tribunal under that head, the balance amount will be Rs.2,45,700/-. So the appellants will be entitled to get a further sum of Rs.2,45,700/-. As per the settled principles of law under the head loss of consortium, an amount of Rs. 1,00,000/- and under the head of loss of love and affection, Rs.1,00,000/- had been granted . The amount granted under these two heads are quite reasonable. So also we do not find any justifiable reason to modify the compensation awarded under any other heads. Hence, this appeal is allowed by enhancing the total amount of compensation to a sum of Rs.2,45,700/-. 6. Accordingly the appeal is allowed in part modifying the award under challenge for a sum of Rs.2,45,700/-. The said amount will carry an interest at the rate of 9% per MACA 2279/2016 5 annum from the date of the claim petition till realisation. The respondent/ Insurance Company is directed to deposit the amount within a period of two months from today. On such deposit, the appellants are at liberty to approach the Tribunal seeking withdrawal of the amount. If such an application is filed, the Tribunal shall pass appropriate orders considering the question of permitting withdrawal. The enhanced amount is directed to be apportioned in the same manner . ## **Sd/-** **C.K. ABDUL REHIM JUDGE** ## **Sd/-** **SHIRCY V. JUDGE** **ks.** True copy P.S. (Hr.Gr.)To Judge MACA 2279/2016 6 **C.K. ABDUL REHIM JUDGE** **SHIRCY V. JUDGE** **ks.** MACA 2279/2016 7 MACA 2279/2016 8