MACA.No.1759 of 2012 (Jayalakshmi and others v. Muhammedrafi and others)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942** ## **MACA.No.1759 OF 2012** **AGAINST THE AWARD IN OPMV 978/2010 DATED 15-06-2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL TIRUR** ## **APPELLANTS/PETITIONERS.:** **1 JAYALAKSHMI W/O.LATE SURENDRAN,ADIKOOTTIL HOUSE,P.O.THIRUVENKIDAM,GURUVAYOOR,THRISSUR.** - **2 KRISHNENDHU, (MINOR) D/O.LATE SURENDRAN -DO- REPRESENTED BY MOTHER JAYALAKSHMI.** - **3 KRISHNAJITH MINOR S/O.LATE SURENDRAN -DO- REPRESENTED BY HIS MOTHER JAYALAKSHMI.** **BY ADVS. SRI.SHEJI P.ABRAHAM SRI.O.K.MURALEEDHARAN SRI.P.JACOB MATHEW** ## **RESPONDENTS/RESPONDENTS:** - **1 MUHAMMEDRAFI, S/O.HASSAN.K,KALLAYIL HOUSE,AYROOR.P.O,PERUMPADAPPU,MALAPPURAM(DRIVER). PIN-686012.** - **2 RAKEEB S/O.AHAMMED MEERAN,PANANGATTAYIL HOUSE,PALAPETTY P.O., PALAPETTY, MALAPPURAM(OWNER). PIN- 682012** - **3 THE ORIENTAL INSURANCE COMPANY LIMITED KINGWAY BUILDING,IST FLOOR,MAVOOR ROAD JUNCTION,CALICUT. PIN-685001** **MACA.No.1759 OF 2012** **2** **R1 BY ADV. SRI.MATHEWS JACOB SR. R1-2 BY ADV. SRI.T.A.SHAIN R3 BY ADV. SRI.MATHEWS JACOB (SR.)** ## **OTHER PRESENT:** **SRI.P.JACOB MATHEW FOR R3** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **MACA.No.1759 OF 2012** **3** ## **P.V.KUNHIKRISHNAN, J** -------------------------------- ## M.A.C.A.No.1759 of 2012 ------------------------------Dated this the 18[th] day of March, 2021 ## **JUDGMENT** The appellants are the claimants in O.P.(MV) No.978/2010 on the file of the Motor Accidents Claims Tribunal, Tirur. The appellants are the legal heirs of the deceased Surendran who died in a motorcycle accident. (Hereinafter the parties are referred in accordance to their rank before the Tribunal). 2. The above claim petition was disposed of along with O.P.(MV) No.977/2010. On 8.9.2010 at about 2.30 p.m., the husband of the first petitioner and the father of petitioner Nos.2 and 3 in O.P.(MV) No.978/2010, namely Surenderan was riding a motor cycle bearing registration No.KL 46D/2403 through Ponnani-Chavakkad public road. The petitioner in O.P.(MV) No.977/2010 was the pillion rider in that motorcycle. When they **MACA.No.1759 OF 2012** **4** reached at the place Dubaipadi, an ACE goods vehicle bearing registration No. KL-54A/ 6773 driven by the first respondent came from the opposite side and hit against the motorcycle driven by Surendran. As a result Surendran and the pillion rider were thrown on the road. Both of them sustained grievious injuries. Even though Surenderan was taken to Aswini hospital, Trichur, he succumbed to the injuries on the same day. According to the petitioners, the accident occurred due to the rash and negligent driving of the first respondent who was driving the goods vehicle bearing registration No. KL54A/ 6773. The petitioners claim an amount of Rs.25,50,000/-. 3. To substantiate the case, Exts.A1 to A21 were marked. No oral evidence was adduced by the petitioners. After going through the evidence and documents, the Tribunal awarded a total compensation of Rs.9,27,000/- with interest at the rate of 7.5% p.a from the date of petition till realisation. The third respondent is directed to pay the award amount. Aggrieved by the quantum of compensation, this appeal is filed. **MACA.No.1759 OF 2012** **5** 4. Heard the counsel for the appellant and the standing ccounsel for the third respondent. 5. The first submission of the counsel is that the appellant was getting an amount of Rs.12,377/- as salary as a mahout at Guruvayoor Devaswom. The Tribunal fixed the monthly income as Rs.5,000/-. Ext.A12 is the salary certificate produced by the claimants before the Tribunal. The Tribunal observed that Ext.A12 is not proved in accordance to law by examining an authorised person from the Guruvayoor Devaswom. Therefore, the monthly income of the deceased is fixed as Rs.7,500/-. The monthly income claimed by the petitioner in the claim petition is Rs.10,000/- per month. There is nothing to disbelieve Ext.A12 certificate issued by the Guruvayoor Devaswom Managing Committee. It is signed by Deputy Administrator (Finance) of the Guruvayoor Devaswom. Guruvayoor Devaswom is a statutory body. There is no serious opposition from the respondents against Ext.A12 salary certificate produced before the Tribual also. Therefore, according to me what is claimed by the petitioners in the claim petition can **MACA.No.1759 OF 2012** **6** be accepted as the monthly income of the deceased. In the claim petition, the claim of the petitioners is that the deceased was getting Rs.10,000/- per month. Therefore, this Court can safely accept the case of the pettitioners. In the light of the decision of the Apex Court in **National Insurance Company Ltd. V. Pranay Sethi (2017 (4) KLT 662 (SC),** towards future prospects, 50% is to be added because the deceased was a permanent employee of Guruvayur Devaswom Board. If that is the case, the monthly income of the deceased can be fixed as Rs.15,000/-. Then the dependeny compensation can be reassessed in the following manner: Rs.15,000/-x12x15x2/3=Rs.18,00,000/-. 6. The amount already granted by the Tribunal is Rs.9,00,000/- which is to be deducted from the above amount. Therefore, the enhanced amount entilted by the appellants towards dependency compensation is Rs.9,00,000/-. Towards funeral expenses, no amount is granted by the Tribunal. The appellants are entitled an amount of Rs.15,000/- in that head. **MACA.No.1759 OF 2012** **7** No bye-stander's expenses was allowed by the Tribunal. Admittedly, the deceased was in the hospital for 13 days. The appellants are entitled bye-stander's expenses for a period of 13 days at the rate of Rs.200/- per day. Then that amount will be Rs.2,600/-. Towards loss of consortium to the wife only Rs.10,000/- is allowed by the Tribunal. The first appellant is entitled another amount of Rs.30,000/- on that head. The appellants 2 and 3 are minor children of the deceased. Therefore, they are entitled compensation for loss of parental consortium at the rate of Rs.40,000/- each in the light of the decsion of the Apex Court in **Magma General Insurance Company Ltd. v. Nanu Ram @ Chuhru Ram & Ors. (2018(18) SCC 130).** The Tribunal already granted an amount of Rs. 10,000/- under the head love and affection, which is to be deducted and the balance amount entitled by the second and third appellants is Rs.70,000/-. An amount of Rs.15,000/- is entitled by the appellants for loss of estate. Therfore, the enhanced compensation amount can be summarised like this: 1. Loss of dependency compensation -Rs.9,00,000/- **MACA.No.1759 OF 2012** - **8** - 2. Loss of estate - Rs.15,000/3. Parental consortium - Rs.70,000 4. spouce consortium - Rs.30,000 5. Bye-stander's expenses - Rs. 2,600 6. Funeral expenses - Rs.15,000 7. Total - Rs.10,32,600 The appellants are entitled interest at the rate of 7.5% per annum from date of application till realisation. Therefore, this appeal is allowed in part. The appellants are entitled enhanced compensation of Rs. **10,32,600/-** with interest at the rate of 7.5% per annum from the date of petition till realisation. The third respondent is directed to pay the enhanced compnesation with interest. ## **Sd/-** ## **P.V.KUNHIKRISHNAN** **JUDGE** Al/-