High Court of KeralaDivision BenchAppeal allowed in part; enhancement of compensa...

Savithri Amma and Others v. Santhi Padmakumar and Others

Case / Petition Number:MACA 263 of 2007

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • R. Basant
  • M. C. Hari Rani
Judgment Date
2011-10-18
Court Decision / Holding
a) The appeal is allowed in part. b) The first appellant is entitled to a further Rs. 92,600 in addition to the Tribunal’s award. c) The entire amount of compensation shall carry interest at the rate and for the period specified by the Tribunal. d) Costs before the Tribunal shall be paid as indicated in Jeena. e) All other directions of the Tribunal are upheld.
Final Disposition
Appeal allowed in part; enhancement of compensation; directions of Tribunal partly modified; costs as per Jeena; interest as directed.

Parties to the Case

Appellants / Petitioners

  • Savithri Amma
  • Sunitha
  • Ramesh P
  • Smitha P
  • Agilish P
  • Rejesh P

Respondents

  • Santhi Padmakumar
  • K.V. Biju
  • The Branch Manager, United India Insurance Co. Ltd.
  • Kamar
  • The Manager, United India Insurance Co. Ltd.

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. Sri. Lathesh Sebastian
  • • Smt. Binitha James

Counsels for Respondents

  • • Adv. Sri. P. Sankaran Kutty Nair

Case Synopsis & Summary

This is a Motor Accident Claims Appeal arising from MAC No. OPMV 359/2003 of the Motor Accident Claims Tribunal, Tirur, seeking compensation for the death of Aneesh, who died in a road traffic accident on 30 March 2003. The deceased, aged 21, was the driver of a jeep carrying passengers, and was the son of the first appellant and brother of the other appellants (2–5). The Tribunal awarded Rs. 1,70,000 for the claimants under heads including loss of dependency, pain and suffering, transport to hospital, and funeral expenses. The appellants contend that the quantum of compensation is inadequate and challenge the Tribunal’s assessment of income, deduction for personal expenses, and omission to grant for loss of love and affection and loss of estate. The High Court re-examines the matter in light of applicable precedents. It accepts that the deceased’s monthly income should be higher than Rs. 3,000; citing Lata Wadhwa and Laxmi Devi, it asserts Rs. 3,500/month. It holds that 50% should be deducted for personal expenses (per Sarla Verma) rather than 60%. The Court fixes the multiplier consistent with the mother’s age bracket (50–55 years). Additional awards are made for pain and suffering (Rs. 10,000), loss of love and affection (Rs. 10,000 for the mother), and loss of estate (Rs. 5,000). Thus, the first appellant is entitled to a further Rs. 92,600 in addition to the Tribunal’s award. The appeal is allowed in part; the Tribunal’s directions remain intact save for these enhancements, with interest on the total award as awarded by the Tribunal and proportionate costs per Jeena.

Legal Doctrines & Maxims

  • Multiplier principle in determining compensation (Sarla Verma v. D.T.C. – 50% deduction for personal expenses; the framework for applying the multiplier)
  • Consistency with established norms for income estimation and deduction in MACT cases (Lata Wadhwa v. State of Bihar; Laxmi Devi v. Mohammad Tabbar)
  • Conventional heads of compensation (loss of love and affection; loss of estate; pain and suffering)
  • Proportionate costs for MACT appeals as per Jeena v. Satheesh Babu.K

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants argued that the Tribunal grossly under-estimated the deceased’s income (21-year-old driver). They relied on Lata Wadhwa and Laxmi Devi to justify a monthly income of Rs. 3,500. They urged a 50% deduction for personal expenses (per Sarla Verma) instead of 60%. They contended for higher compensation on heads of pain and suffering (Rs. 10,000), loss of love and affection (Rs. 10,000), and loss of estate (Rs. 5,000), and a conventional global amount on loss of estate. They asserted that the multiplier should reflect the mother’s age (50–55 years). They also sought proportionate costs as per Jeena and urged that the entire award carry interest as per Tribunal’s order.

Contentions of Respondents

The respondents supported the Tribunal’s assessment and argued for maintaining the award. The insurer was held liable for the awarded amount. The respondents did not contest the basic quantum on all heads but relied on existing evidence to defend the Tribunal’s calculation; the court was asked to uphold the award, subject to any statutory modification.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Lata Wadhwa & Others v. State of Bihar & othersAIR 2001 SC 3218PositiveCourt relies on the principle in Lata Wadhwa to support higher income estimation for the deceased.
Laxmi Devi v. Mohammad Tabbar(2008) ACJ 1488PositiveCourt cites Laxmi Devi as supportive of higher monthly income.
Sarla Verma v. D.T.C.(2009) 6 S.C.C. 121PositiveAuthority for 50% deduction of personal expenses, not 60%.
Jeena v. Satheesh Babu.K.(2011) 3 KHC 728Partly Overruled / LimitedCourt notes Jeena’s dictum on costs was not followed in full but adopts the proportionate-cost principle from Jeena.
Jeena v. Satheesh Babu.K.(2011) 3 KHC 728PositiveUsed for the principle of proportionate costs as directed by Jeena.

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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 R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 MACA.No. 263 of 2007 ---------------------OPMV.359/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... ## APPELLANTS: APPELLANTS/PETITIONERS/6TH RESPONDENT --------------------------------------------------- 1. SAVITHRI AMMA, W/O.KRISHNAN NAIR, MOTHER OF THE DECEASED ANEESH, PUNJATH HOUSE, PERASANNUR P.O., MALAPPURAM DT. 2. SUNITHA, AGED 35 YEARS, SISTER IF THE DECEASED DO. DO. 3. RAMESH.P., AGED 33 YEARS, BROTHER OF THE DECEASED DO. DO. 4. SMITHA.P., AGED 30 YEARS, SISTER OF THE DECEASED, DO. DO. 5. AGILISH.P., AGED 26 YEARS, BROTHER OF THE DECEASED, DO. DO. 6. REJESH.P., AGED 32 YEARS, S/O.KRISHNAN NAIR, PUNJATH HOUSE, PERASANNUR P.O., KUTTIPPURAM (VIA), MALAPPURAM DT. BY ADV. SRI.LATHEESH SEBASTIAN SMT.BINITHA JAMES RESPONDENTS: --------------- 1. SANTHI PADMAKUMAR, POLICE QUARTERS, NO.122, R.V.PURAM, TRISSUR. 2. K.V.BIJU, S/O.VISWAMBARAN, KUNNATHUVALAPPIL HOUSE, MANIMANGALAM, PEECHI VILLAGE, ASSARIKADU DESOM, TRISSUR. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., PART HOUSE, ROUND NORTH, TRISSUR. 4. KAMAR, S/O.MOIDEEN, PONADIYIL HOUSE, ADAVANAD, THIRUNAVAYA, MALAPPURAM DT. 5. THE MANAGER, UNITED INDIA INSURANCE - CO.LTD., BR.OFFICE, SUBKA BUILDING, THAZHEPALAM, TIRUR. ADV. SRI.P.SANKARANKUTTY NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/10/2011,THE COURT ON THE SAME DAY DELIVERIED THE FOLLOWING: ## **R. BASANT & M.C. HARI RANI,JJ ==============================** ## **M.A.C.A. NO. 263 OF 2007 ============================** ## **Dated this the 18[th] day of October 2011** ## **JUDGMENT** ## **R.Basant, J.** The claimants are the appellants. They claimed compensation for the loss suffered by them as a result of the death of Aneesh, who succumbed to injuries suffered in a road traffic accident on 30/3/2003. The deceased Aneesh is the son of the first claimant-appellant and brother of claimants 2 to 5. He was the driver of jeep involved in the accident carrying passengers. He succumbed to the injuries on the date of the accident. Against a total claim of Rs.4 lakhs, the Tribunal awarded an amount of Rs.1,70,000/- as per the details given below to the first appellant.: |1) Loss of dependency(3000x40/100x12x11): Rs.1,58,400/-|1) Loss of dependency(3000x40/100x12x11): Rs.1,58,400/-| |---|---| |2)Pain and suffering|: Rs. 5,000/-| |3)Transport to hospital|: Rs. 3,000/-| |4)Funeral expenses|: Rs. 3,000/-| MACA 263/2007 2 **==> picture [357 x 43] intentionally omitted <==** 2. The Insurance Company has been made entirely liable to satisfy the award. The Insurance company/ 3[rd] respondent has entered appearance through counsel. We are satisfied that it is not necessary to wait for issue and return of notice to the other respondents. Arguments have been heard. 3. Learned counsel for the appellants assails the impugned award on the short ground that the quantum of compensation awarded is not fair, just and reasonable. Called upon to explain and be specific, learned counsel for the appellants first of all contends that the Tribunal erred grossly in reckoning Rs.3,000/as the monthly income of the deceased. The deceased was a young man aged 21 years. He was a driver by avocation. He was driving a passenger vehicle at the time of the accident. Relevant driving licence has been produced as Ext.A4. Even for a non earning home maker or a skilled manual worker, Rs.3000/can safely be reckoned as the monthly income going by the dictum in **Lata Wadhwa & Others v. State of Bihar & others [A.I.R. 2001 S.C.3218]** and **Laxmi Devi v. Mohammad Tabbar** [2008 A.C.J. 1488]. In the wake of the evidence that 21 MACA 263/2007 3 year old deceased was a driver driving a passenger vehicle at the relevant time, a higher monthly income ought to have been reckoned, contends counsel. We agree and we are of the opinion that Rs.3500/- can safely be reckoned as the monthly income of the deceased. The Tribunal deducted 60% of the monthly income towards the personal expenses of the deceased. Counsel for the appellants submits and we agree that going by the dictum in **Sarla Verma v. D.T.C.[(2009)6 S.C.C.121]** , only 50% can be deducted towards personal expenses of the deceased. 4. The mother of the deceased was aged above 50 years. She belongs to the group of persons of age 50-55 years. Going by the dictum in **Sarla Verma(supra),** 11 was correctly identified as the multiplier. We are satisfied that the deduction of personal expenses to the extent of 60% is not justified. 5. For pain and suffering endured by the deceased, only Rs.5,000/- was awarded. Counsel for the appellants submits and we agree that an amount of Rs.10,000/- can be awarded under this head. No compensation has been awarded under the MACA 263/2007 4 head of loss of love and affection. We are satisfied that the first claimant-mother is entitled for an amount of Rs.10,000/- under that head. For the loss of estate, no compensation has been awarded. We are satisfied that a conventional global amount of Rs.5,000/- can be awarded under that head also. 6. The above discussions lead us to the conclusion that the first appellant (who alone is awarded compensation by the Tribunal) is entitled to a further amount of Rs. 92,600/- as per the details given below: 1)pain and suffering :Rs.5,000/(10000 minus 5000) 2)Loss of love and affection :Rs.10,000/(no amount awarded by the Tribunal) 3)Loss of estate :Rs. 5,000/(no amount awarded by the Tribunal) 4)Loss of dependency :Rs.72,600/(3500x12x50/100x11= 2,31,000/- minus 1,58400) Total :Rs. 92,600/- ## 7. We are not satisfied that the amount awarded under any other head deserves to be enhanced. MACA 263/2007 5 8. Learned counsel for the appellants contends that only an amount of Rs.2,000/- has been awarded as cost. The dictum in **Jeena v. Satheesh Babu.K.[2011(3)K.H.C.728]** has not been followed. It is prayed and we agree that proportionate cost is liable to be granted as held in **Jeena(supra).** ## 9. In the result, a)this appeal is allowed in part. b)The first appellant is found entitled to a further amount of Rs.92,600/- (rupees ninety two thousand six hundred only) in addition to the amount awarded by the Tribunal. c)We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as specified by the Tribunal. d)We further direct that cost before the Tribunal be paid as indicated in **Jeena(supra)** . d)All other directions of the Tribunal are upheld. Sd/- ## **R.BASANT, JUDGE** **Sd/M.C. HARI RANI,JUDGE** ks. true copy P.S.to Judge MACA 263/2007 6