High Court of KeralaSingle JudgeThe appeal is allowed; enhanced compensation aw...

MACA NO. 2137 OF 2013

Case / Petition Number:MACA NO. 2137 OF 2013
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Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • SOPHY THOMAS
Judgment Date
2022-08-31
Court Decision / Holding
The appeal is allowed. Enhanced compensation of Rs.12,81,673 is awarded to the appellants (comprising Rs.10,64,673 for loss of dependency, Rs.12,000 for funeral expenses, Rs.10,000 for loss of estate, and Rs.1,95,000 for loss of consortium). The 3rd respondent-Insurer is directed to deposit the enhanced amount in the appellants’ bank accounts with interest at 7.5% per annum from the date of petition till deposit (excluding 94 days of delay in filing the appeal), in the fixed proportions (60:10:10:10:10) within two months from receipt of a copy of this judgment, after accounting for any liabilities and deductions. The appeal is allowed with no order as to costs.
Final Disposition
The appeal is allowed; enhanced compensation awarded and related deposit ordered; no costs awarded.

Parties to the Case

Appellants / Petitioners

  • MUMTHAJ
  • JAHIR HUSSAIN
  • JANNATHUL FIRDOUSE
  • RAVIATHULBASARIYA
  • PHATHIMABEEVI @ FATHIMABEEVI

Respondents

  • KARTHIKEYAN
  • SHANMUGHAN
  • NATIONAL INSURANCE CO. LTD.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri BINOY VASUDEVAN
  • • Sri P.G.BABITHA

Counsels for Respondents

  • • Sri.LAL K.JOSEPH
  • • Sri.V.S.SHIRAZ BAVA
  • • Sri.A.A.ZIYAD RAHMAN

Case Synopsis & Summary

The appellants in MACA 2137 of 2013 are claimants in OP(MV) No.615/2009 before the Motor Accidents Claims Tribunal, Palakkad, challenging the quantum of compensation awarded for the death of Abdul Sathar, who died following a road traffic accident on 02.11.2008. Abdul Sathar, a 54-year-old teacher deputed as BRC Trainer, earned Rs.16,845 per month. The Tribunal awarded Rs.6,96,500, which the appellants contend is inadequate. The Tribunal computed income using a split multiplier due to a retirement horizon of 1 year 5 months and adopted a notional income of Rs.4,500 for the remaining period, contrary to the Supreme Court’s emphasis on a standard multiplier (as held in Sarala Varma, Pranay Sethi and related decisions) and the more recent guidance in Valli v. TNSTC (SC). The appellants argue for 15% future prospects (given his age), resulting in a higher monthly income of Rs.19,372 and annual Rs.2,32,464, with tax deduction of 10% and personal expenses deduction of 1/4, yielding a net annual figure of Rs.1,56,914. Applying a multiplier of 11, the loss of dependency would be Rs.17,26,023; subsequent enhancements are computed for funeral expenses (Rs.15,000), loss of estate (Rs.15,000), and loss of consortium (Rs.2,20,000 total, with a 10% delay-in-3-years uplift). The court accepts the appellants’ approach, determining enhanced compensation of Rs.12,81,673 and directing the insurer to deposit this amount with interest at 7.5% p.a. within two months, with no costs awarded. The decision overturns the Tribunal’s split-multiplier approach and aligns with the principles in Pranay Sethi and related judgments.

Legal Doctrines & Maxims

  • Multiplier principle for determining dependency compensation as per Sarala Varma and Pranay Sethi; Notional income and future prospects inclusion; Apex Court preference against split multiplier; 10% hike for the delay in three years; Deduction of 1/4 for personal expenses in cases with dependents.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contend that the Tribunal committed an error by applying a split multiplier, contrary to the Supreme Court’s holdings in Sarala Varma and Pranay Sethi, and by not incorporating future prospects (15%) for a 54-year-old teacher. They rely on Valli v. TNSTC (SC) to affirm the need for the standard multiplier and correct computation of loss of dependency with appropriate deductions (10% tax, 1/4 personal expenses). They argue for an income of Rs.19,372 per month (Rs.16,845 + 15%), annual Rs.2,32,464, and enhancement across heads including funeral expenses, loss of estate, and loss of consortium, culminating in a higher overall award (Rs.12,81,673 as enhanced compensation).

Contentions of Respondents

Not explicitly stated in the document; the insurer and others are respondents to the appeal. The judgment focuses on correcting the Tribunal’s multiplier approach and applying settled principles from Pranay Sethi and related cases rather than detailing specific counter-arguments.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Valli v. Tamil Nadu State Transport Corporation Ltd.2022 (1) KLT OnLine 1190 (SC)PositiveCited to support the court’s shift from split multiplier to standard multiplier per SC decisions.
Sarala Varma v. Delhi Transport Corporation2010 (2) KLT 802 (SC)PositiveCited as part of the Supreme Court’s multiplier framework for compensation.
National Insurance Company Ltd. v. Pranay Sethi and Others2017 (4) KLT 662 (SC)PositiveCited for principles on future prospects, deductions, and multiplier guidance.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 31[ST]DAY OF AUGUST 2022 / 9TH BHADRA,1944 ``` ## **`MACA NO. 2137 OF 2013`** ``` OP(MV)No.615/2009 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD ``` ## **`APPELLANTS/PETITIONERS:`** - **`1 MUMTHAJ, AGED 42 YEARS, W/O LATE ABDUL SATHAR, ALAMPADY, KOZHINJAMPARA POST, VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.`** - **`2 JAHIR HUSSAIN, AGED 26 YEARS, S/O LATE ABDUL SATHAR, ALAMPADY, KOZHINJAMPARA POST, VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.`** - **`3 JANNATHUL FIRDOUSE, AGED 25 YEARS, D/O LATE ABDUL SATHAR, ALAMPADY, KOZHINJAMPARA POST, VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT`** - **`4 RAVIATHULBASARIYA, AGED 21 YEARS, D/O LATE ABDUL SATHAR, ALAMPADY, KOZHINJAMPARA POST, VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.`** - **`5 PHATHIMABEEVI @ FATHIMABEEVI, AGED 78 YEARS W/O LATE MOHAMMED, ALAMPADY, KOZHINJAMPARA POST, VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.`** ``` BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA ``` ## **`RESPONDENTS/SUPPLEMENTAL 4TH RESPONDENT & RESPONDENTS 2 & 3:`** - **`1 KARTHIKEYAN, AGED 34 YEARS, S/O LATE RAMANATHAN, 184, ANNANAGAR HOUSING UNIT, VEERAKERALAM, COIMBATORE- 641 001.`** MACA 2137 of 2013 2 - **`2 SHANMUGHAN, AGED 68 YEARS, S/O KANTHASWAMI CHETTIYAR, PALLILTHERUVU, KOZHINJAMPARA POST, PALAKKAD-678 101.`** - **`3 NATIONAL INSURANCE CO. LTD., DO 11.16, STATE BANK ROAD, COIMBATORE, TAMIL NADU-641 001.`** ``` R3 BY ADVS. SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA SRI.A.A.ZIYAD RAHMAN ``` ``` THISMOTORACCIDENTCLAIMSAPPEALHAVINGBEENFINALLYHEARD ON 26.08.2022, THE COURT ON 31.08.2022 DELIVERED THE FOLLOWING: ``` MACA 2137 of 2013 3 ## **J U D G M E N T** The appellants herein are the claimants in OP(MV) No.615 of 2009 on the files of the Motor Accidents Claims Tribunal, Palakkad. They are disputing the quantum of compensation awarded on the death of Sri.Abdul Sathar, who met with a road traffic accident on 02.11.2008 and succumbed to the injuries. The appellants are the wife, children and mother of the deceased. 2. On 02.11.2008, at 5.30 p.m. while Sri.Abdul Sathar was riding a motorcycle, TN-38/M-5978 vehicle driven by the 2[nd] respondent dashed against his motorcycle and he fell down and sustained serious injuries. On the next day, he succumbed to the injuries. He was a Teacher working on deputation as BRC Trainer of Block Resource Centre, Chittur, earning monthly income of Rs.16,845/- per month. The appellants approached the Tribunal claiming compensation of Rs.10,50,000/-. But the Tribunal awarded only Rs.6,96,500/-, which is under challenge. 3. The 3[rd] respondent in this appeal is the Insurer of the offending vehicle. The accident, death of Sri.Abdul Sathar and the insurance policy of the offending vehicle are not in dispute. MACA 2137 of 2013 4 4. Now let us see whether any interference is warranted in the impugned award. 5. Admittedly, the deceased Abdul Sathar was a School Teacher working on deputation as BRC Trainer in Block Resource Centre and he was drawing monthly income of Rs.16,845/-. Ext.A19 his last Pay Certificate was proved through PW1. So there is no dispute regarding his monthly income. He was 54 years old at the time of death as his date of birth was 22.07.1954. The Tribunal applied split multiplier as there was only one year and 5 months for him to retire from service. So for that period, his monthly income was taken as Rs.16,845/- and for the remaining 9 years and 7 months, a notional income of Rs.4,500/was fixed. The Apex Court in various decisions deprecated the practice of applying split multiplier. In **Valli vs. Tamil Nadu State Transport Corporation Ltd.** reported in [2022 (1) KLT OnLine 1190 (SC)] the Apex Court affirmed the need of applying the multiplier as laid down in various decisions including **Sarala Varma vs. Delhi Transport Corporation** [2010 (2) KLT 802 (SC) and **National Insurance Company** MACA 2137 of 2013 5 **Ltd. v. Pranay Sethi and Others,** [2017 (4) KLT 662 (SC)]. So the Tribunal went wrong in applying split multiplier while computing dependency compensation. 6. Admittedly, his monthly income was Rs.16,845/-. Since he was aged only 54, going by **Pranay Sethi’s** case cited _(Supra)_ , he was entitled for 15% addition towards future prospects. So his income could be assessed as Rs.19,372/- per month. So, his annual income would have been Rs.2,32,464/-. When 10% is deducted towards Income Tax, it would become Rs.2,09,218/-. Since he was having five dependents ¼ has to be deducted towards his personal expenses. So the balance income would have been Rs.1,56,914/per annum. Applying the multiplier of 11, the compensation for loss of dependency would have been assessed as Rs.17,26,023/-. On deducting Rs.6,61,350/awarded by the Tribunal towards loss of dependency, the balance towards enhanced compensation for loss of dependency would be Rs.10,64,673/-. 7. The Tribunal awarded only Rs.3,000/- towards funeral expenses. The appellants are entitled to get Rs.15,000/-. So, as MACA 2137 of 2013 6 enhanced compensation for funeral expenses, they will get Rs.12,000/-. 8. Towards loss of estate Rs.5,000/- only was awarded by the Tribunal, instead of Rs.15,000/-. So under that head, the appellants will get Rs.10,000/- more as enhanced compensation. Towards loss of consortium and loss of love and affection, the Tribunal awarded Rs.25,000/- in total. As the appellants are the wife, children and mother of the deceased, they are eligible to get compensation for loss of consortium spousal, filial and parental. Going by **Pranay Sethi’s** case cited _(Supra)_ , they will get Rs.44,000/- each including 10% hike for the delay in three years. So, they are eligible to get total amount of Rs.2,20,000/under the head ‘loss of consortium’. After deducting Rs.25,000/already awarded, they will get Rs.1,95,000/as enhanced compensation towards loss of consortium. |Head of claim|Amount<br>awarded by<br>the Tribunal|Amount<br>awarded in<br>appeal|Difference to be<br>drawn as<br>enhanced<br>compensation| |---|---|---|---| |Loss of|Rs.6,61,350/-|Rs.17,26,023/-|Rs.10,64,673 /-| MACA 2137 of 2013 7 |dependency|||| |---|---|---|---| |Funeral<br>expenses|Rs.3,000/-|Rs.15,000/-|Rs.12,000/-| |Loss of estate|Rs.5,000/-|Rs.15,000/-|Rs.10,000/-| |Loss of<br>consortium &<br>loss of love<br>and affection|Rs.25,000/-|Rs.2,20,000/-|Rs.1,95,000/-| |Total|||Rs.12,81,673/-| |Enhanced compensation is Rs.**12,81,673/-**|||| 9. In the result, the appellants are entitled to get enhanced compensation of Rs.12,81,673/- (10,64,673 + 12,000 + 10,000 + 1,95,000) (Rupees Twelve Lakh Eighty One Thousand Six Hundred and Seventy Three only). 10. The respondent-Insurer is directed to deposit the enhanced compensation in the Bank account of the appellants with interest at 7.5% per annum from the date of petition till the date of deposit (excluding the period of 94 days of delay in filing the appeal) in the proportion as fixed by the Tribunal (60:10:10:10:10) within a period of two months from the date of receipt of a copy of this judgment. The deposit must be in terms of the directives issued by this Court in Circular No.3 of 2019 MACA 2137 of 2013 8 dated 06/09/2019 and clarified in O.M.No.D1/62475/2016 dated 07/11/2019 after deducting the liabilities if any of the appellants towards Tax, balance court fee and legal benefit fund. The appeal is allowed accordingly. No order as to costs. Sd/- **SOPHY THOMAS JUDGE** DSV/29.08.2022