High Court of KeralaSingle JudgeAppeal partly allowed; compensation enhanced; i...

Sobha K. R. and Others v. Janardhanan, Kishore Kumar K.P. SO.CHATHUKUTTY, and Royal Sundaram Alliance Insurance Co. Ltd.

Case / Petition Number:MACA.No.1799/2013

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2020-07-23
Court Decision / Holding
Appeal partly allowed; the tribunal’s quantum is enhanced by applying Pranay Sethi guidelines, with 25% future prospects and corresponding increases across heads such as funeral expenses, pain and suffering, dependency, and loss of consortium/headed losses. The total award is recalculated to Rs. 11,45,000. The insurer is directed to deposit the balance amounts with 9% interest from the date of application, in the proportions directed by the Tribunal, within the specified time, failing which interest will accrue at 12% from expiry of the time period. NEFT/RTGS payment is to be used, and the complainants must provide bank details with identification. The order also requires the production of a cheque/account details in the appellants’ names for fund transfer.
Final Disposition
Appeal partly allowed; compensation enhanced; insurer directed to deposit balance amounts with interest in specified manner.

Parties to the Case

Appellants / Petitioners

  • Sobha K R
  • Abhinav (minor) aged 4 years, rep. by mother Sobha K R
  • Aswathi (minor) aged 11 years, rep. by mother Sobha K R
  • Santhakumari @ Santha

Respondents

  • Janardhanan
  • Kishore Kumar K.P. SO.CHATHUKUTTY
  • Royal Sundaram Alliance Insurance Co. Ltd.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. Nirmal. S
  • • Smt. Veena Hari
  • • Smt. Preethy R. Nair

Counsels for Respondents

  • • Sri P. Jacob Mathew

Case Synopsis & Summary

This appeal under MACA No.1799/2013 arises from a Motor Accident Claims Tribunal award in OPMV 353/2012 (dated 23 January 2013) in Kozhikode. The claimants—Sobha K. R., who sues as mother of Abhinav (4) and Aswathi (11), with Santhakumari @ Santha as guardian—seek enhancement of compensation for the death of a retired Army personnel who had a pension and reportedly worked in a private hospital. The Tribunal held the deceased’s income at Rs. 6,000 per month, primarily on the pension and uncertain hospital income, and relied on the evidence for computation. The petitioners contend that the deceased’s true monthly income was about Rs. 31,000 (Rs. 25,000 salary from the hospital plus Rs. 6,000 pension), and Annexure A1 (the Pension Certificate) should be accepted, since it was issued by the Principal CDA (Pensions), Allahabad. They also urge application of the Supreme Court guidance in National Insurance Co. Ltd. v. Pranay Sethi (2017 (5) KHC 350) to include 25% future prospects and enhancement under several heads of compensation. The Tribunal’s denial of these elements is challenged. The court, noting the lack of proof for the hospital salary, accepts Annexure A1 and finds Rs. 6,000 as the base pension, then applies Pranay Sethi to calculate enhanced amounts under funeral expenses, pain and suffering, dependency, loss of parental, spousal, and filial consortium, resulting in a higher award and directing the insurer to deposit the balance with interest. The judgment culminates in a substantial augmentation of the award and specific deposit directions.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants submit that the deceased’s income should be assessed at Rs. 31,000 per month (Rs. 25,000 from private hospital salary plus Rs. 6,000 pension). Annexure A1, a pension certificate issued by the Principal CDA (Pensions), Allahabad, should be accepted and incorporated into the computation. They contend that the lower Tribunal failed to apply Pranay Sethi guidelines, which provide for 25% future prospects and enhanced compensation under various heads. The Tribunal’s acceptance of only Rs. 6,000 base income was incorrect; the hospital income was not proven through credible authority, but the Pension Payment Order should be considered. The appellants tabulated enhancements across heads—funeral expenses, pain and suffering, dependency, loss of parental, spousal, and filial consortium, and loss of estate—leading to a total enhanced amount of Rs. 11,45,000, and require the insurer to deposit the balance with interest, via NEFT/RTGS.

Contentions of Respondents

The respondents contend that the Tribunal’s income computation is correct and based on credible evidence. They submit that the hospital salary certificate lacked proper proof of authority and the Chairperson’s power to issue salary certificates; Annexure A1 was not available at the original hearing, and there is no basis to accept it. They resist applying Pranay Sethi’s enhanced framework, and argue against the assumed higher earnings and future prospects. They support the Tribunal’s award as proper compensation, urging no drastic alteration of the heads or the quantum.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
National Insurance Company Ltd. v. Pranay Sethi and Others2017 (5) KHC 350PositiveCourt applies the Pranay Sethi framework (25% future prospects and multi-head compensation) to enhance the award, noting the Tribunal did not consider this doctrine.

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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** **THURSDAY, THE 23RD DAY OF JULY 2020 / 1ST SRAVANA, 1942** ## **MACA.No.1799 OF 2013** **AGAINST THE AWARD IN OPMV 353/2012 DATED 23-01-2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE** ## **APPELLANTS:** |**1**|**SOBHA K R**| |---|---| ||**W/O.LATE PRADEEP KUMAR, "DEEPAM", VAZHAYIL**| ||**HOUSE P.O.KARUVISSERY, KOZHIKODE - 673 010.**| |**2**|**ABHINAV (MINOR) AGED 4 YEARS**| ||**D.O.B. 26-04-07, REP. BY MOTHER AND LEGAL**| ||**GUARDIAN SOBHA K.R.**| |**3**|**ASWATHI (MINOR) AGED 11 YEARS**| ||**D.O.B. 07-12-2000, REP. BY MOTHER AND LEGAL**| ||**GUARDIAN SOBHA K.R.**| |**4**|**SANTHAKUMARI @ SANTHA**| ||**AGED 64 YEARS**| ||**W/O.JANARDHANAN, "DEEPAM", VAZHAYIL HOUSE**| ||**P.O.KARUVISSERY, KOZHIKODE - 673 010.**| ||**BY ADVS.**| ||**SRI.NIRMAL. S**| ||**SMT.VEENA HARI**| ||**SMT.PREETHY R. NAIR**| ## **RESPONDENTS:** |**1**|**JANARDHANAN**| |---|---| ||**37/1017, "DEEPAM", VAZHAYIL HOUSE,**| ||**P.O.KARUVISSERY KOZHIKODE - 673010.**| |**2**|**KISHORE KUMAR K.P. SO.CHATHUKUTTY**| ||**AGED 44 YEARS**| ||**KINARKUTHI HOUSE, P.O.KARUVISSERY**| ||**KOZHIKODE - 673010.**| MACA No.1799/2013 2 **3 ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. M'SONS ARCADE, 4TH FLOOR CHEROOTY ROAD, KOZHIKODE-673001.** ## **R1, R3 BY ADV. SRI.P.JACOB MATHEW** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA No.1799/2013 3 ## **JUDGMENT** ## **Dated this the 23[rd] day of July, 2020** The appeal is filed by the claimants seeking enhancement of the amounts awarded as compensation. There is no dispute with respect to the occurrence of the accident or negligence as found against the offending vehicle, a lorry which hit the motor car in which the deceased was traveling at the time of the accident. The claimants, the wife and minor children are before this Court. The learned Counsel for the appellant submits that the income adopted is very low at Rs.6000/- since the deceased, a retired army personnel, was drawing pension. Further he was also working in a private hospital, the Chairman of which was examined to prove the salary certificate. 2. The Pension Payment Order admittedly was not produced before the lower Court. The same is produced before this Court as Annexure A1 with a petition to accept the same. It is submitted that the MACA No.1799/2013 4 total income which the deceased was drawing is to be computed at Rs.31000/-, Rs.25000/- being the salary he received from the private hospital and Rs.6000/being the pension he was entitled to receive as per the Pension Payment order. It is further contended that on many heads the compensation awarded is very low as compared to the declaration made in _**National Insurance Company Ltd. v. Pranay Sethi and Others**_ _**[2017 (5) KHC 350]**_ . The age of the deceased was also computed as 43 while the Pension Payment Order specifically indicates it to be 42. 3. This Court is of the opinion that Annexure A1 can be accepted since it is a document which has been issued by the Principal CDA (Pensions) Allahabad. The deceased after commutation was drawing a pension of Rs.5648/- and applicable dearness allowance. Obviously on his death his wife would be entitled to family pension at half of regular pension. MACA No.1799/2013 5 4. As far as the income from the private hospital the Tribunal has found that there was nothing to indicate that the person examined as witness, was the Chairman of the private hospital in which the deceased was said to be working. There was nothing produced to show that PW1 the witness was empowered to issue salary certificate and also to depose on behalf of the private hospital. In such circumstance this Court does not find any reason to interfere with the computation of income at Rs.6000/-. This is roughly the basic pension the deceased was entitled to for 15 years, after commutation. The multiplicant is 14, taking in the period of commutation of 15 years, since the death was roughly after an year of retirement. The widow also received pension at half of the regular pension with applicable DA. 5. As has been rightly stated by the learned Counsel for the appellants the decision in _**Pranay**_ MACA No.1799/2013 6 ## _**Sethi**_ has not been considered by the Tribunal. There is requirement of addition of 25% future prospects as also enhancement under the various heads which is indicated in the table below. |**Sl.**<br>**No.**|**Head of Claim**|**Amount awarded**<br>**by the**<br>**Tribunal**<br>`|**Total amount**<br>**after**<br>**enhancement in**<br>**appeal**<br>`| |---|---|---|---| |**1**|**Funeral Expenses**|**5000**|**15000**| |**2**|**Pain and suffering**|**10000**|**10000**| |**3**|**Dependency**|**756000**|**945000**<br>**[6000+(6000*25%)*12*14*3/4]**| |**4**|**Loss of Parental**<br>**consortium to the**<br>**children**|**50000**|**80000**| |**5**|**Loss of estate**|**10000**|**15000**| |**6**|**Loss of Spousal**<br>**Consortium to the wife**|**10000**|**40000**| |**7**|**Loss of Filial Consortium**<br>**to the mother**||**40000**| ||**Total**|**841000**|**1145000**| **6.** The Insurance Company shall deposit the balance amounts with 9% interest from the date of application in the proportion as directed by the Tribunal, with the compensation awarded for loss of MACA No.1799/2013 7 consortium @ Rs. 40,000/- each being entitled equally to the claimants. The appellants shall produce a copy of a cancelled cheque of the Bank account in a Nationalised Bank in any one of their names, with authorisation from others or in their joint/separate names and 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 mode to the said account/accounts, within three months thereafter failing which, the amounts as directed herein shall be recovered with interest liability for the entire award amounts and interest due @ 12% from the date of expiry of the time provided. Sd/- **K. VINOD CHANDRAN, JUDGE.** **Jma/** MACA No.1799/2013 8 ## **APPENDIX** ## **APPELLANTS ANNEXURES:** **ANNEXURE A1: TRUE COPY OF THE PENSION CERTIFICATE**