High Court of KeralaSingle JudgeAppeals partly allowed/partly dismissed: insure...

New India Assurance Company Ltd. v. Nafeesa w/o Late Mohammed and others

Case / Petition Number:MACA No. 1631/2007 & 411/2008
Neutral Citation::null,

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2019-02-06
Court Decision / Holding
The Tribunal’s finding that the policy is package/comprehensive was upheld; the insurer’s appeal (MACA No. 1631/2007) was effectively not sustainable. In MACA No. 411/2008, the Court enhanced the compensation amount by applying higher income (Rs. 4,500/month) and multiplier (17) per Ramachandrappa and Pranay Sethi, incorporating 40% increase in income and 50% deduction for personal expenses. The final order directs that 7% interest be payable from the date of application to the date of deposit, with liability split 50% between the lorry insurer and the motor-bike insurer. The enhanced total comes to Rs. 10,08,362, with payment to be made within two months via NEFT/RTGS, including a requirement for updated banking details. Costs are left to the parties as per the appellate outcome.
Final Disposition
Appeals partly allowed/partly dismissed: insurer's appeal (MACA 1631/2007) dismissed; claimant's appeal (MACA 411/2008) allowed for enhanced compensation; 7% interest; 50:50 liability between insurers; payment within two months; costs to be assessed.

Parties to the Case

Appellants / Petitioners

  • New India Assurance Company Ltd.
  • Nafeesa w/o Late Mohammed

Respondents

  • Nafeesa w/o Late Mohammed
  • Abdul Nasar S/o Late Mohammed
  • Haneefa S/o Mohammed
  • Abdu S/o Abdulla
  • K.V. Basheer S/o Abdulla
  • The National Insurance Company Limited
  • Sabil S/o Mohammed
  • Riyas S/o Mammukkutty

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri A.A. Ziyad Rahman
  • • Sri O.P. Nandakumar
  • • Sri V.A. Ajai Kumar

Counsels for Respondents

  • • Smt. P.K. Santhamma
  • • Sri E.M. Joseph
  • • Sri O.P. Nandakumar
  • • Sri V.A. Ajai Kumar

Case Synopsis & Summary

This is a Kerala High Court Motor Accident Claims Appeal arising from an award of the Motor Accidents Claims Tribunal, Ottapalam, in MACT No. 190/2004. The matter comprises two MACA appeals: MACA No. 1631 of 2007 filed by the New India Assurance Company Ltd. challenging the liability and the compensation awarded, and MACA No. 411 of 2008 filed by Nafeesa, the mother of the pillion rider, seeking enhancement of the award. The Tribunal held both drivers negligent and awarded compensation to the legal heirs of the pillion rider who died a few months after the accident. The insurer contended that the policy was not a broad enough coverage to include the pillion rider’s death; the Court directed verification of the policy and found the policy to be a package/comprehensive policy, thus covering the pillion rider’s death. The insurer’s appeal was held to not survive. In MACA 411/2008, the mother argued for enhanced compensation, relying on Supreme Court authorities Ramachandrappa and Pranay Sethi. The Court adopted Rs. 4,500 as monthly income and a multiplier of 17, with 40% addition and 50% deduction for personal expenses, computing an enhanced liability. The resulting total is Rs. 10,08,362, with 7% interest and 50:50 liability between the two insurers. The combined disposition partly allows the claim while directing payment within two months and awarding costs.

Submissions & Arguments

Contentions of Appellants / Petitioners

The Appellants argued that the insurance policy was a package/comprehensive policy, which covers the pillion rider’s death, making the insurer liable for the compensation awarded by the Tribunal. They contended that verification of the policy confirmed a package policy; as such, the insurer’s liability cannot be negated on the ground that the pillion rider’s death was not covered. They pressed that liability should be fixed in accordance with the Tribunal’s findings unless the policy limitations prevail.

Contentions of Respondents

The respondents (claimants) urged enhancement of compensation in MACA 411/2008. They relied on Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. and National Insurance Co. Ltd. v. Pranay Sethi to justify a higher monthly income (Rs. 4,500) and a multiplier of 17, with appropriate adjustments (40% add-on for income and 50% deduction for personal expenses). They argued for improved heads of damages and for applying the latest legal standards to determine dependency losses and related heads.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited(2011) 13 SCC 236PositiveUsed to determine the applicant's monthly income (Rs. 4,500) and dependency calculations.
National Insurance Co. Ltd. v. Pranay Sethi and Others(2017) 5 KHC 350PositiveUsed to justify multiplier of 17 in calculating loss of dependency.

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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 K.VINOD CHANDRAN** **WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940** ## **MACA.No. 1631 of 2007** **AGAINST THE AWARD IN OPMV 190/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM** ## **APPELLANT/S:** **NEW INDIA ASSURANCE COMPANY LTD. BRANCH OFFICE, WADAKKACHERY ROAD, KUNNAMKULAM, BY ITS MANAGER.** **BY ADV. SRI.A.A.ZIYAD RAHMAN** ## **RESPONDENT/S:** |**1**|**NAFEESA W/O LATE MOHAMMED**| |---|---| ||**MUNDROTT HOUSE, KAPPUR AMSOM, KUMARANELLUR,,**| ||**OTTAPPALAM TALUK, PALAKKAD DISTRICT.**| |**2**|**ABDUL NASAR S/O. LATE MOHAMMED**| ||**MUNDROTT HOUSE, KAPPUR AMSOM, KUMARANELLUR,,**| ||**OTTAPPALAM TALUK, PALAKKAD DISTRICT.**| |**3**|**HANEEFA S/O. MOHAMMED**| ||**MUNDROTT HOUSE, KAPPUR AMSOM, KUMARANELLUR,,**| ||**OTTAPPALAM TALUK, PALAKKAD DISTRICT.**| |**4**|**ABDU S/O. ABDULLA**| ||**KUNNEN VALAPPIL HOUSE, CODAKKAL, TIRUR,,**| ||**MALAPPURAM DISTRICT.**| |**5**|**K.V. BASHEER S/O. ABDULLA**| ||**KUNNEVALAPPIL HOUSE, B.P. ANGADI, TIRUR,,**| ||**MALAPPURAM DISTRICT.**| |**6**|**THE NATIONAL INSURANCE COMPANY LTD.**| ||**NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE,,**| ||**REPRESENTED BY ITS MANAGER.**| MACA No.1631/2007 & 411/2008 ::2:: - **7 SABIL S/O. MOHAMMED MUNDROTT HOUSE, KAPPUR AMSOM, KUMARANELLUR,, OTTAPPALAM TALUK, PALAKKAD DISTRICT.** - **8 RIYAS S/O. MAMMUKUTTY PALETH HOUSE, P.O. NADUVATTOM (VIA. KUTTIPURAM,, MALAPPURAM DISTRICT.** **BY ADVS. SRI.E.M.JOSEPH SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06.02.2019, ALONG WITH MACA.411/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA No.1631/2007 & 411/2008 ::3:: **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940** ## **MACA.No. 411 of 2008** **AGAINST THE AWARD IN OPMV 190/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM DATED 27-01-2007** ## **APPELLANT/S:** **NAFEESA, W/O.LATE MOHAMMED AGED 49 YEARS, MUNDROTT HOUSE, KAPPUR AMSOM,, KUMARANELLUR, OTTAPALAM, PALAKKAD.** **BY ADVS. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR** ## **RESPONDENT/S:** - **1 ABDU, S/O. ABDULLA, AGED ABOUT 36 YEARS KUNNEN VALAPPIL HOUSE, CODAKKAL, TIRUR, MALAPPURAM DISTRICT.** - **2 K.V.BASHEER S/O.ABDULLA AGED 39 YEARS, KUNNEN VALAPPIL HOUSE,, B.P.ANGADI, TIRUR, MALAPPURAM DISTRICT.** - **3 THE NATIONAL INSURANCE COMPANY LIMITED NOOR COMPLEX, MAVOOR ROAD, KOZHIKKODE.** - **4 SABIL S/O.MOHAMMED AGED 27 YEARS MUNDROTT HOUSE, KAPPUR P.O.,, KUMARANELLUR, OTTAPALAM, PALAKKAD.** MACA No.1631/2007 & 411/2008 ::4:: - **5 RIYAS S/O.MAMMUTTY AGED 29 YEARS PALETH HOUSE, NADUVATTOM P.O.,, KUTTIPPURAM VIA, MALAPPURAM.** - **6 THE NEW INDIA ASSURANCE COMPANY LIMITED BRANCH OFFICE, WADAKKANCHERY ROAD,, KUNNAMKULAM, THRISSUR DISTRICT.** - **7 ABDUL NASAR SO.LATE MOHAMMED AGED 28 YEARS, MUNDROTT HOUSE, KAPPUR AMSOM,, KUMARANELLUR, OTTAPPALAM, PALAKKAD.** - **8 HANEEFA AGED 26 YEARS S/O.LATE MOHAMMED, MUNDROTT HOUSE,, KAPPUR AMSOM, KUMARANELLUR, OTTAPALAM,, PALAKKAD.** **BY ADVS. SMT.P.K.SANTHAMMA SRI.E.M.JOSEPH** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06.02.2019, ALONG WITH MACA.1631/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA No.1631/2007 & 411/2008 **==> picture [20 x 9] intentionally omitted <==** **==> picture [127 x 9] intentionally omitted <==** **(MACA NO.1631 of 2007 & 411 of 2008)** **MACA No.1631/2007 is filed by the Insurance Company on the ground of the Insurance Company being absolved from the liability for reason of the company having insured the vehicle which was also found to be negligent in the accident. The accident occurred when a bike collided with a lorry. The Tribunal found negligence on both the drivers of the lorry and motor bike. The pillion rider died and the legal heirs were before the Tribunal for compensation. On the contention raised by the Insurance Company, this Court directed to verify the nature of the policy. The learned Standing Counsel after verifying the policy submits that the policy is a package policy, hence** MACA No.1631/2007 & 411/2008 ::6:: **comprehensive and covering the death of the pillion rider also. In such circumstances, the appeal of the Insurance Company does not survive and the same is rejected.** **2. MACA No.411/2008 filed by the legal heir, the mother,is for enhancement of compensation. The pillion rider died after three months of the accident. The pillion rider was working as a sales representative in the Gulf country and was aged 27 at the time of his death. The accident occurred on 09.06.2003. The appellant was admitted for more than three months in Amala Hospital and he remained unconscious till his death on 13.10.2003. The claimants produced medical bills for a total of Rs.2,22,762/- which was paid in its entirety. Ext.A11 is the salary certificate issued from Arab Orient General Maintenance Dubai showing the deceased to be employed as sales representative getting a monthly** MACA No.1631/2007 & 411/2008 ::7:: **salary of Rs.25000/- per month. It is also stated that he was in service till 05.08.2003. However, the passport was not produced before the Tribunal. In such circumstances, the Tribunal refused to accept the salary certificate. The income of the deceased was taken at Rs.3000/- per month.** **3. The Hon'ble Supreme Court in** _**Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited**_ **[(2011) 13 SCC 236] found a coolie to have monthly income of Rs.4500/-. In such circumstances, reasonably the income at Rs.4,500/- can be adopted as monthly income for the deceased who died in an accident in the year 2003. In computing the loss of dependency, there should be an increase of 40% and a reduction of 50% for personal expenses. The multiplier adopted by the Tribunal is 13. Going by** _**National Insurance Company Ltd. v. Pranay Sethi and Others**_ **[2017 (5) KHC 350], the multiplier should be taken as 17. In such** MACA No.1631/2007 & 411/2008 ::8:: ## **circumstances the following enhancement shall be** ## **granted.** |**Sl.**<br>**No.**|**Head of Claim**|**Amount**<br>**awarded by**<br>**the Tribunal**<br>`|**Total amount**<br>**after**<br>**enhancement**<br>**in appeal**<br>`| |---|---|---|---| |**1**|**Medical Expenses**|**2,22,762**|**2,22,762**| |**2**|**Funeral Expenses**|**5000**|**15000**| |**3**|**Bystander Expenses**|**18000**|**18000**| |**4**|**Transportation**<br>**Expenses**|**10000**|**10000**| |**5**|**Pain and suffering**|**--**|**50000**| |**6**|**Dependency**|**2,34,000**|**6,42,600**<br>**(3150*17*12)**| |**7**|**Loss of love and**<br>**affection**|**30000**|**50000**| ||**Total**|**519762**|**1008362**| ## **4. There shall also be a grant of interest** **at the rate of 7% form the date of application till the date of deposit. The liability shall be 50% on the Insurance Company of the lorry and 50% on the Insurance Company of the motor bike.** MACA No.1631/2007 & 411/2008 ::9:: **5. The amounts awarded as above, after deducting what has already been paid, shall be paid within two months from the date of receipt of a certified copy of this judgment as awarded by the Tribunal. The appellant shall produce a copy of a cancelled cheque of the bank account in her name with copy of AADHAAR or acceptable identification, before the Tribunal within one month, with copy to the Insurance Company. The Insurance Company shall credit the amounts through NEFT/RTGS to the said account, failing which the applicant-claimant can approach the Tribunal.** **The appeal would stand allowed. Parties are left to suffer their respective costs, in the appeal.** **Sd/-** **K. Vinod Chandran, Judge** **jma**