High Court of KeralaSingle JudgeAppeal allowed; enhanced compensation of Rs 3,6...

Leena Beegum Leena Manzil and others v. Brijlal and others

Case / Petition Number:MACA.No. 469 of 2014

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.M.BABU
Judgment Date
2018-02-26
Court Decision / Holding
The appeal is allowed. The appellants are awarded an enhanced compensation of Rs 3,60,000/- (three lakhs sixty thousand) with interest at 7.5% per annum from the date of filing before the tribunal to the date of deposit before the tribunal. Proportionate costs also awarded. The enhanced amount along with interest and costs shall be deposited before the tribunal by the 3rd respondent within two months of receipt of a copy of this judgment; apportionment of compensation shall be in accordance with the tribunal’s order.
Final Disposition
Appeal allowed; enhanced compensation of Rs 3,60,000 with interest and costs; deposit before tribunal within two months; apportionment as per tribunal's order.

Parties to the Case

Appellants / Petitioners

  • Leena Beegum Leena Manzil
  • Muhammed Lijas
  • Muhammed Bilal
  • Thamanna S.Fathima
  • Muhammed Musthaffa
  • Suhara Beevi

Respondents

  • Brijlal
  • Indupal
  • The Oriental Insurance Co. Ltd.
  • Cinuddin
  • Illyas Ahmed

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri P. Santhosh (Poduval)
  • • Smt. R. Rajitha

Counsels for Respondents

  • • Sri George Cherian (Sr.)
  • • Smt. K.S. Santhi
  • • Smt. Latha Susan Cherian

Case Synopsis & Summary

This is a motor accident claim appeal arising from MACA No. 469 of 2014, challenging the MACT Alappuzha award in OP(MV) 709/2007 for the death of Sainulabddin after an accident on 18 March 2005. The deceased was a passenger in an autorickshaw when a truck, driven rashly, struck, causing fatal injuries after five days of hospitalization. The Tribunal awarded compensation to the dependents; the appellants challenge the quantum and the omission of several heads. Relying on the Supreme Court decision National Insurance Co. Ltd v. Pranay Sethi, they contend the heads of funeral expenses, loss of estate, and loss of consortium must be increased (₹15,000, ₹15,000 and ₹30,000 respectively) and that bystander, medical and pain-and-suffering expenses should be adjusted. They argue the deceased’s income was higher than the tribunal’s assessment, citing Ext A2 (salary certificate) and Ext A10 (milk sale register) and urge a notional income of ₹6,000 per month with a 40% rise, multiplier of 15, and one-fourth deduction for personal expenses, resulting in a much larger dependency figure (about ₹11.34 lakh). They also seek higher medical expenses and bystander costs. The respondents counter that income evidence was not proved and that the tribunal’s calculations were proper, and thus the original award should stand.

Provisions of Law Cited

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Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contend that the tribunal erred in the quantum of compensation and income assessment. Relying on the Supreme Court decision National Insurance Co. Ltd v. Pranay Sethi, they urge higher funeral expenses, loss of estate and loss of consortium (₹15,000, ₹15,000 and ₹30,000 respectively) and inclusion of bystander, medical and pain-and-suffering expenses. They challenge the tribunal’s income assessment, pointing to Ext A2 (salary certificate) and Ext A10 (milk sale register) to support a higher notional income (₹6,000 per month) with 40% enhancement, applying a 15-year multiplier and a one-fourth deduction for personal expenses, yielding a substantial increase in the dependency award (approximately ₹11.34 lakh). They also seek additional medical and incidental costs. The credibility of the income documents and their proof is vigorously argued.

Contentions of Respondents

The respondents defend the tribunal’s calculations, arguing the income evidence was not properly proved (Ext A2 issued by an unexamined person; Ext A10 milk sale register) and that the tribunal reasonably applied the notional income and heads of damage. They emphasize adherence to the evidence on record and caution against second-guessing the tribunal’s assessment, asserting that the original award was appropriate.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
National Insurance Company Ltd v. Pranay Sethi2017 (5) KHC 350PositiveThe judgment uses the Pranay Sethi guidelines to award enhanced funeral expenses, loss of estate, and loss of consortium.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE A.M.BABU MONDAY, THE 26TH DAY OF FEBRUARY 2018 / 7TH PHALGUNA, 1939 MACA.No. 469 of 2014 OP(MV) 709/2007 of MACT ALAPPUZHA DATED 20-02-2013 APPELLANTS/PETITIONERS - 1 LEENA BEEGUM LEENA MANZIL, PATHIYOOR WEST, KEERIKKADU P.O., ALAPPUZHA DISTRICT-690508. - 2 MUHAMMED LIJAS, AGED 24 YEARS, - S/O.LEENA BEEGUM, LEENA MANZIL, PATHIYOOR WEST, KEERIKKADU P.O., ALAPPUZHA DISTRICT-690508. - 3 MUHAMMED BILAL, AGED 22 YEARS, - S/O.LEENA BEEGUM, LEENA MANZIL, PATHIYOOR WEST, KEERIKKADU P.O., ALAPPUZHA DISTRICT-690508. - 4 THAMANNA S.FATHIMA, AGED 16 YEARS, MINOR, REPRESENTED BY HER MOTHER, LEENA MANZIL, PATHIYOOR WEST, KEERIKKADU P.O., ALAPPUZHA DISTRICT-690508. - 5 MUHAMMED MUSTHAFFA, AGED 69 YEARS, MUJEEB MANZIL, PATHIYOOR WEST, KEERIKKADU P.O.-690508, ALAPPUZHA DISTRICT. - 6 SUHARA BEEVI, AGED 68 YEARS, W/O.MUHAMMED MUSTHAFFA, MUJEEB MANZIL, PATHIYOOR WEST, KEERIKKADU P.O.-690508, ALAPPUZHA DISTRICT. BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA ## RESPONDENTS/RESPONDENTS: 1. BRIJLAL - S/O.GANAPAT RAM, NO.T.B.KHYBER PASS, CIVIL LANE, NEW DELHI-110054. 2. INDUPAL S/O.LALU RAM, U.M.31/110, OLD CHANDRAWAL, CIVIL LANE, NEW DELHI-110054. 3. THE ORIENTAL INSURANCE CO.LTD. ORIENTAL HOUSE, A 25/27, ASAF ALI ROAD, NEW DELHI. MACA.No. 469 of 2014 **==> picture [23 x 10] intentionally omitted <==** 4. CINUDDIN RESIDENCE 8-18, GAFFAR MANZIL, OKHALA, NEW DELHI-110054 5. ILLYAS AHMED S/O.IZAS AHMED, R/O.H.NO.D 420, JANATA COLONY, NEW DELHI. PIN-110054 (Respondents 1,2 4 and 5 are deleted from party array at the risk of appellant as per order dated 20.11.2014 in I.A.3414/14) R3 BY ADV. SRI.GEORGE CHERIAN (SR.) BY ADV. SMT.K.S.SANTHI BY ADV. SMT.LATHA SUSAN CHERIAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **A.M.BABU, J.** - - - - - - - - - - - - - - - - - - - - M.A.C.A.469 of 2014 - - - - - - - - - - - - - - - - Dated : 26[th] February, 2018 - - - - - - - - - - - - - - - - - - - - - - - - ## **JUDGMENT** - 1.Sainulabddin. He died in a motor accident. His dependents approached the motor accidents claims tribunal for compensation. They were awarded compensation by the tribunal. Dissatisfied with the quantum of award, they are in appeal. - 2.The accident was on 18.3.2005. Sainulabddin was a traveller in an autorikshaw. It was hit by a truck which was driven in a rash and negligent manner. The truck was insured with the 3[rd] respondent. Sainulabddin sustained grievous injuries and died in hospital five days after the accident. The above are facts either admitted or proved. - 3.Heard Sri.P.Santhosh and Smt.K.S.Santhi, the learned counsel for the appellants and the 3[rd] respondent respectively. **MACA.469/14** 2 4. National Insurance Company Ltd v. Pranay Sethi (2017 (5) KHC 350) . The supreme court in the said decision directs all the tribunals in the country to award Rs 15,000/- as funeral expenses, Rs 15,000/- for loss of estate and Rs 40,000/- to the widow of the deceased for loss of consortium. In the instant case the tribunal awarded only Rs 3000/- as funeral expenses. The appellants are entitled to Rs 12,000/- more. The 1[st] appellant was awarded only Rs 10,000/- for loss of consortium. She is entitled to Rs 30,000/- more. No amount is awarded for loss of estate. The appellants are entitled to Rs 15,000/- under the said head. 5.Sainulabddin was managed as an inpatient for five days in a hospital. But no amount is granted towards the expenses to avail of the services of a bystander. The accident being in 2005, the expenses to engage a bystander for five days at the rate of Rs 175/- per day comes to Rs 875/-. **MACA.469/14** 3 - 6.The tribunal awarded Rs 2,000/- as medical expenses since there was hospitalization for six days. Considering six days' hospitalization I am of the opinion that Rs 1,000/- more can be awarded as medical expenses. - 7.The tribunal denied any compensation for pain and sufferings. The death was not instantaneous. The victim survived for five days. It is just and proper to award Rs 10,000/- for pain and sufferings. I do so. - 8.It is contended that Sainulabddin was a dealer in milk and milk products. It is also said that his income was the commission he gets on sale of every packet of milk and milk product. Ext A2 salary certificate was produced by the appellants to prove the income of Sainulabddin. But the person who issued the salary certificate was not examined. PW2 was a different person. Ext A10 is a register titled 'milk sale register'. It is a voluminous document. But nobody was examined to prove the entries **MACA.469/14** 4 therein. The tribunal was justified in not accepting the oral and documentary evidence produced on the side of the appellants to prove the income of Sainulabddin. 9.But the tribunal had taken a low notional income. The amount taken by the tribunal was only 4,500/- per month. Sainulabddin was not a daily labourer. He was a dealer in milk and milk products. He used to sell such products on commission. Considering these matters and considering the fact that the accident was in 2005, I find it appropriate to take Rs 6000/- as the notional income. Sainulabddin at the time of his untimely death was 39 years old. Income of a person cannot be constant always. Therefore I am to add 40% of the notional income on to it. The figure arrived at is Rs 8,400/-. One-fourth of that figure should be deducted as the personal expenses of Sainulabddin. Three-fourth of it comes to Rs 6,300/-. That figure is to be taken into account for calculation. The tribunal wrongly adopted the multiplier 16. The correct **MACA.469/14** 5 multiplier is 15. The calculation produces the result Rs 11,34,000/- (6300 x 12 x 15). The amount of Rs 8,42,400/- awarded by the tribunal shall be deducted. The balance is Rs 2,91,600/-. That is the enhancement in compensation for loss of dependency. 10. The different figures arrived at in the earlier paragraphs total to Rs 3,59,875/(12,000 + 30,000 + 15,000 + 875 + 1,000 + 10,000 + 2,91,000). I round it off to Rs 3,60,000/- 11. The appeal is allowed. The appellants are awarded an enhanced compensation of Rs 3,60,000/- (three lakhs sixty thousand only). The same shall carry interest at the rate of 7.5% per annum from the date of filing of the application before the tribunal to the date of deposit of the enhanced compensation before it. The appellants are entitled to proportionate costs as well. The apportionment of compensation shall be as done by the tribunal. The enhanced compensation together with interest and **MACA.469/14** 6 proportionate costs shall be deposited before the tribunal by the 3[rd] respondent within a period of two months from the date of receipt of a copy of this judgment. ## **Sd/-** ## **A.M.BABU Judge** Mrcs/23.2. /True copy/ Sd/- P.S.To Judge