Sharafunnisa and others v. Thomas Ben and The National Insurance Co. Ltd.

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C. T. Ravikumar
B. Sudheendra Kumar
Judgment Date: 2017-10-31
Court Decision / Holding: Appeal allowed. The High Court enhanced compensation and directed the insurer to deposit the amount with interest within two months. The apportionment among the appellants is fixed at 50:25:25. The added compensation totals Rs. 7,20,000, with further awards for transportation, burial, pain and suffering, and love/affection to specific parties.
Final Disposition: Disposed of as above

Parties to the Case

Appellants / Petitioners

Sharafunnisa
Sajeera
HYRUNNISA

Respondents

Thomas Ben
The National Insurance Co. Ltd.

Legal Representation & Advocates

Counsels for Petitioners

• Sri A. A. Mohammed Nazir

Counsels for Respondents

• Sri O. V. Manikprasad
• Smt. Raji T. Bhaskar
• Sri Saju J Panicker

Case Synopsis & Summary

This High Court judgment concerns a Motor Accident Claims Appeal arising from Shahul Hameed’s death in a road traffic accident on 8 January 2005, where he was a pillion rider on a motorcycle. The accident involved a tanker lorry (KL-2G 466) driven by the first respondent, resulting in fatal injuries. The Tribunal awarded Rs. 4,60,500 to the claimants, which included the wife Sharafunnisa and her minor daughters Sajeera and HYRUNNISA, among others. The appellants challenge the quantum, arguing that the deceased, a fish merchant, was earning around Rs. 6,000 per month, and that the Tribunal’s use of a notional annual income of Rs. 36,000 is inadequate evidence-based estimation. They advocate a higher monthly income (Rs. 5,000) with 30% future prospects and a multiplier of 17, noting four dependants and urging a 1/4 deduction for personal expenses in line with Sarla Verma. The High Court agrees that Sarla Verma's principle applies and recalculates the loss of dependency at Rs. 9,94,500, then, after deducting the Tribunal’s Rs. 4,08,000, awards Rs. 5,86,500 as additional compensation. It grants additional sums for transportation, burial, pain and suffering, and loss of consortium, plus Rs. 90,000 for love and affection, totaling Rs. 7,20,000 as additional compensation. The insurer is directed to deposit with interest within two months, and the balance is to be apportioned among the appellants in the ratio 50:25:25. The appeal is disposed of accordingly.

Legal Doctrines & Maxims

Sarla Verma v. Delhi Transport Corporation - principle on deduction of personal expenses (1/4) for multiple dependants (as accepted by this Court).

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contended that Shahul Hameed, a fish merchant, would have earned about Rs. 6,000 per month, but the Tribunal relied on a notional income of Rs. 36,000 per year due to lack of evidence. They urged Rs. 5,000 per month with 30% future prospects, and insisted on a 1/4 deduction for personal expenses given four dependants, following Sarla Verma. They calculated higher dependency loss (Rs.9,94,500) and sought enhanced amounts across heads such as love and affection, funeral/burial expenses, transportation, pain and suffering, and loss of consortium.

Contentions of Respondents

The respondents defended the Tribunal’s quantum and opposed higher compensation, arguing that the award should stand or only be modestly disturbed. They supported the Tribunal’s calculations and resisted expansive enhancements without stronger evidentiary support.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sarla Verma v. Delhi Transport Corporation	2010(2) KLT 802 (SC)	Positive	Court relies on Sarla Verma’s principle regarding deduction of personal expenses in cases with multiple dependants, applying a 1/4 deduction.

Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR & THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR TUESDAY, THE 31ST DAY OF OCTOBER 2017/9TH KARTHIKA, 1939 MACA.No. 223 of 2011 ( ) ------------------------- OPMV 1017/2005 of M.A.C.T.,ERNAKULAM ## APPELLANTS/PETITIONERS 1 TO 3: --------------------------------------------------- 1. SHARAFUNNISA, AGED 29 YEARS, W/O. LATE SHAHUL HAMEED, 2/79 A, KIZHAVANA, PANANGAD, KUMBALAM-682 506. 2. SAJEERA, AGED 9 YEARS, D/O. LATE SHAHUL - HAMEED, MINOR, REPRESENTED BY HER MOTHER AND NEXT FRIEND SHARAFUNNISA, FIRST APPELLANT, -DO- -DO- 3. HYRUNNISA, AGED 7 YEARS, D/O. LATE SHAHUL HAMEED, MINOR, REPRESENTED BY HER MOTHER, AND NEXT FRIEND SHARAFUNNISA, FIRST APPELLANT,, -DO- -DO-, (ALL ARE R/AT 2/79A, KIZHAVANA, PANANGAD,, KUMBALAM-682 506). ## BY ADV. SRI.A.A.MOHAMMED NAZIR ## RESPONDENTS/RESPONDENTS 1 AND 2: -------------------------------------------------------- 1. THOMAS BEN, S/O. BEN CRUIS, KADAYIL HOUSE, NEENDAKARA P.O., KARUNAGAPPALLY, KOLLAM-691 582. 2. THE NATIONAL INSURANCE CO. LTD., M.G.ROAD, ERNAKULAM. R1 BY ADV. SRI.O.V.MANIPRASAD R2 BY ADV. SMT.RAJI T.BHASKAR R1 BY ADV. SRI.SAJU J PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: # **C.T.RAVIKUMAR & B.SUDHEENDRA KUMAR, JJ.** - - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - M.A.C.A. No.223 of 2011 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 31[st] day of October 2017 ## JUDGMENT ## **Sudheendrakumar J.,** The appellants are the wife and minor daughters of deceased Shahul Hameed, who died in a road traffic accident which occurred on 8.1.2005 at 9 p.m. The deceased was travelling as a pillion rider in a motor cycle. At that time, a tanker lorry bearing Reg.No.KL-2G 466, driven by the 1[st] respondent in a rash and negligent manner hit against the motor cycle, in which the deceased was M.A.C.A. No.223/2011 2 travelling and as a consequence, the deceased sustained serious injuries and he succumbed to the injuries at or about the same time. In connection with the death of Shahul Hameed, the Tribunal awarded a total amount of Rs.4,60,500/- as compensation. The claimants before the Tribunal included the parents of the deceased as well. 2. Heard the learned counsel for the appellants and the learned counsel for the 2[nd] respondent. 3. The only challenge in this appeal is with regard to the quantum of compensation awarded by the Tribunal. 4. It was contended that the deceased was a fish monker, earning Rs.6,000/- per month. However, in the absence of any evidence to prove the avocation and the income, the Tribunal fixed the notional annual income of 3 M.A.C.A. No.223/2011 the deceased at Rs.36,000/- The accident was during the year 2005. Therefore, we fix the notional income of the deceased as Rs.5,000/- per month, even in the absence of any evidence in this regard. The deceased was aged 27 years. Therefore, we are granting 30% addition to the income for the of purpose calculating dependency compensation. Then, it comes to an amount of Rs.6,500/-. Since the deceased was aged 27 years, 17 is to be taken as the multiplier for the purpose of calculating the dependency compensation. The Tribunal deducted 1/3[rd] of the income towards personal expenditure of the deceased. Even though it is assumed that the father was not the dependent of the deceased, there were four other dependant claimants in the claim petition. Therefore, the Tribunal M.A.C.A. No.223/2011 4 ought to have deducted ¼[th] of the amount towards personal expenditure of the deceased as held by the Apex Court in Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802 (SC)]. Thus, the appellants are entitled to an amount of Rs.9,94,500/- (6500x12x17x3/4) as compensation towards loss of dependency. Subtracting the amount of Rs.4,08,000/- awarded by the Tribunal, the appellants are entitled to an amount of Rs.5,86,500/- as additional compensation under the said count. The Tribunal awarded an amount of Rs.5,000/- towards transportation charges and burial expenses together. We are granting an amount of Rs.1,000/- as compensation towards transportation charges and Rs.10,000/- as compensation towards burial expenses. Subtracting the amount awarded by the Tribunal under the 5 M.A.C.A. No.223/2011 above heads, the appellants are entitled to an additional amount of Rs.6,000/- under the said heads together. Towards pain and suffering, we are granting an additional amount of Rs.2,500/- as the Tribunal awarded only Rs.7,500/- under the said count. The first appellant was granted an amount of Rs.15,000/- as compensation towards loss of consortium. The first appellant was aged only 24 years. Therefore, we are granting an amount of Rs.35,000/- as additional compensation towards loss of consortium to the first appellant. The appellants 2 and 3 are minor children. The mother and the father were also the claimants in the claim petition. In view of the above reason, we are granting an additional amount of Rs.90,000/- as compensation towards love and affection as M.A.C.A. No.223/2011 6 the Tribunal awarded only Rs.10,000/- under the said count. Thus, the appellants are entitled to an amount of Rs.7,20,000/- as additional compensation. The above amount carries interest at the rate of 8% per annum from the date of petition till the date of deposit. The second respondent, being the insurer of the vehicle involved in the accident, is directed to deposit the amount of compensation with interest before the Tribunal, within two months from the date of receipt of a copy of this judgment. The apportionment of compensation made by the Tribunal is applicable only to the compensation awarded by the Tribunal. From the additional compensation awarded by this court, the mother and the M.A.C.A. No.223/2011 7 father of the deceased are granted an amount of Rs.50,000/and Rs.20,000/- respectively. The balance amount, with interest, will be apportioned among the appellants in the ratio of 50:25:25. In the result, this appeal stands disposed of as above. Sd/- ## **C.T.RAVIKUMAR,JUDGE** **Sd/-** **B.SUDHEENDRA KUMAR, JUDGE** _dl/1/11/2017_ _// True Copy //_ _PA to Judge_