High Court of KeralaDivision BenchPartly allowed; the appeal is allowed to the ex...

Mymoona vs Basheer K.A. and Arujunakumar and The Oriental Insurance Co. Ltd.

Case / Petition Number:MACA.No. 1688 of 2007 (D)
Neutral Citation:/

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Pius C. KuriaKose
  • C.K. Abdul Rehim
Judgment Date
2012-01-02
Court Decision / Holding
The appeal is partly allowed. The compensation under the head of loss of dependency is reworked to Rs. 4,08,000 (3,000 x 12 x 17 x 2/3) and Rs. 10,000 is awarded for pain and suffering, making the total enhanced compensation Rs. 1,54,000 over the original award. The total payable amount thus increases to Rs. 4,88,000, with interest at 6% per annum from the date of filing of the claim petition until payment.
Final Disposition
Partly allowed; the appeal is allowed to the extent of enhancing the compensation as stated and directing payment along with 6% interest from the petition filing date.

Parties to the Case

Appellants / Petitioners

  • Mymoona
  • Shakkeela
  • Muhammed Shajeer (minor) represented by Shakkeela

Respondents

  • Basheer K.A.
  • Arujunakumar
  • The Oriental Insurance Co. Ltd.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. Sheji P. Abraham

Counsels for Respondents

  • • Sri George Cherian (Thiruvalla)

Case Synopsis & Summary

This is a motor-accident claims appeal (MACA No. 1688 of 2007) arising from a fatal accident on 21-10-2004 involving a goods autorickshaw in which the deceased, a passenger, died. The appellants – his mother, wife, and minor son (represented by the mother) – challenged the Motor Accident Claims Tribunal (Ottappalam) award of Rs. 3,34,000. The Tribunal applied a multiplier of 11 and a notional income of Rs. 2,000, with little or no compensation for pain and suffering, despite the death occurring on the same day as the accident. The appellants contended that the multiplier ought to be 17, given the mother’s age at 60 and the wife’s age at 21, and that the notional income for a housewife could reasonably be Rs. 3,000 in line with Supreme Court authority (Laxmi Devi v. Mohammed Tabbar and another). They also asked for damages under pain and suffering. The High Court considered these submissions and reworked the compensation: loss of dependency increased to Rs. 4,08,000 (3,000 x 12 x 17 x 2/3) and Rs. 10,000 for pain and suffering, totaling Rs. 4,88,000 as enhanced compensation, with 6% interest from the petition date until payment. The appeal was partly allowed to this extent, clarifying the revised quantum and liability.

Legal Doctrines & Maxims

  • Multiplier method for calculating compensation under the Motor Vehicles Act
  • Notional income concept for housewives (as discussed in case law such as Laxmi Devi v. Mohammed Tabbar)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants submitted that the Tribunal erred in applying a multiplier of 11 and in adopting a notional income of Rs. 2,000 for the deceased, pointing to the deceased’s dependants and the ages of the mother (60) and wife (21). They relied on the Supreme Court decision in Laxmi Devi v. Mohammed Tabbar (2008 ACJ 1488) to argue that the notional income for a housewife could be Rs. 3,000 and contended that the Tribunal should award a higher compensation for loss of dependency. They also urged recognition of compensation for pain and suffering, arguing that the death, though on the same day as the accident, merits such compensation. They pressed for an enhanced multiplier (17) and a higher income base, asserting a more just calculation of future prospects and dependency.

Contentions of Respondents

The respondents, represented by the Standing Counsel for the Insurance Company and the advocate for the 3rd respondent, contended that the Tribunal’s findings are sound and should stand, urging no drastic departure from the computed quantum. They emphasized adherence to established calculations, implying that the original award reflected appropriate compensation under the circumstances and objected to the increase urged by the appellants, arguing that the aviation of multiplier and income figures should be consistent with the Tribunal’s method and the evidence on record.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Laxmi Devi and others vs. Mohammed Tabbar and another2008 ACJ 1488PositiveThe High Court relied on this Supreme Court decision to support a higher notional income for a housewife, adopting Rs.3000 as notional income, which contributed to increasing the loss of dependency calculation.

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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 MR.JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM** **MONDAY, THE 2ND DAY OF JANUARY 2012/12TH POUSHA 1933** **MACA.No. 1688 of 2007 (D) =====================** **(AGAINST THE AWARD IN OP(MV).1254/2004 DTD. 19.04.2007 ON THE FILE OF MOTOR ACCIDENT CLAIM TRIBUNAL, OTTAPPALAM)** **.................................................** **APPELLANTS/PETITIONER ========================** - **1 MYMOONA,W/O. MOIDEEN, VALKULAMBU HOUSE P.O. MULAMKLADU VADAKKANCHERRY.** - **2 SHAKKEELA, W/O. SHAMMEER (LATE) VALKULAMBU HOUSE P.O. MULAMKLADU VADAKKANCHERRY.** - **3 MUHAMMED SHAJEER,MINOR,REPRESENTED BY HIS MOTHER SHAKKEELA W/O.SHAMMEER (LATE) VALKULAMBU HOUSE P.O. MULAMKLADU VADAKKANCHERRY.AMENDED AS PER ORDER IN I.A. NO. 842/05 DATED 11.3.05.** **BY ADV.SRI.SHEJI P.ABRAHAM** - **RESPONDENT(S) ==============** - **1 BASHEER K.A., S/O. ABDUL RAHIMAN KAKKAD HOUSE MANAKKADU PUDUKKODE.** **DCS** **MACA.No. 1688 of 2007 (D)** - **2 ARUJUNAKUMAR, AMRITHAPURI, KARAYANKODE VADAKKANCHERRY PALAKKAD.** - **3 THE ORIENTAL INSURANCE CO. LTD., SOBHA TSM COMPLEX RAILWAY STATION ROAD PALAKKAD 678 001.P. NO. 3683/05 VALID FROM 5.7.2004 TO 4.7.2005.** ## **BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02-01-2012 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **DCS** PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------MACA.NO. 1688 of 2007 --------------------------------Dated this the 2nd day of January, 2012 JUDGMENT ## Abdul Rehim,J. The appellants are the mother, wife and minor child of a person died in a motor vehicle accident. The accident occurred when a goods autorickshow in which he was travelling capsized, on 21.10.2004. The Tribunal awarded a total compensation of Rs.3,34,000/-. Being not satisfied with the quantum of compensation awarded, this appeal is preferred. 2. Heard; counsel appearing for the appellants and Standing Counsel appearing for the 3[rd] respondent Insurance Company. It is contended that the Tribunal went highly urged in applying multiplier of 11, considering the age of the first appellant who is the mother of the deceased as 60 years. According to the appellants since the Tribunal had categorically found that the age of the wife of the deceased was 21, the multiplier ought to have been adopted is 17. It is evident in the post postmortem certificate that the age of the deceased was MACA.1688/2007 2 given as 25. Placing reliance on a decision of the Honourable Supreme Court in **Laxmi Devi and others vs. Mohammed Tabbar and another (2008 ACJ 1488),** it is contended that the notional income adopted at Rs.2000/- is highly inadequate. The Honourable Supreme Court in that case, with respect to an accident which occurred in the year 2004 held that even in the case of a house wife the notional income can be adopted at Rs.3000/-. We find force in the contention raised on behalf of the appellants on the above aspect. It is further pointed out that the denial of compensation under the head of pain and suffering is also not justifiable. We are inclined to grant compensation under the head of pain and suffering, even though the death occurred on the same day of the accident. 3. Under the above mentioned circumstances we are inclined to rework the compensation awarded under the head of loss of dependency at Rs.4,08,000/-(3000 x 12 x 17 x 2/3). Hence the appellants will be entitled for an additional compensation of Rs.1,44,000/- under that head. We feel that awarding of a sum of Rs.10,000/- towards pain and suffering will MACA.1688/2007 3 be reasonable. Hence the total additional compensation for which the appellants are entitled is fixed at Rs.1,54,000/-. The said amount will carry interest at the rate of 6% p.a. from the date of filing of the claim petition till payment. The appeal is partly allowed to the above extent. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ MACA.1688/2007 4 C.K.ABDUL REHIM,J. ------------------------------WP(C).NO. of 2010 --------------------------------Dated this the day of November, 2011 ## JUDGMENT C.K.ABDUL REHIM,JUDGE pmn/ MACA.1688/2007 6