High Court of KeralaSingle JudgeAppeal allowed. No Costs.

Suraja and others v. Sreena Shyam and others

Case / Petition Number:MACA NO. 4239 OF 2018

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2021-08-13
Court Decision / Holding
Appeal allowed. No costs. The Tribunal’s order is set aside. The court recognizes liability of the insurer and recalculates the total compensation to Rs. 21,17,800, plus Rs. 15,000 each for loss of estate and funeral expenses and Rs. 40,000 each for four claimants as loss of consortium. Interest at 7% from the date of application is awarded, with the insurer not liable for interest for an delay of 314 days in filing the appeal. The total amount is to be distributed: Rs. 5,00,000 to appellants 3 & 4 (parents) and the balance equally to appellants 1 & 2 (wife and minor son); the minor’s share to be placed inFixed Deposit in a Nationalized Bank for a period of one year, extendable until majority, with releases or further orders as the Tribunal may direct. Appellants 1, 3 & 4 shall provide account details to enable payment; if the 2nd appellant needs fixed deposits extended, a proper application may be made to the Tribunal.
Final Disposition
Appeal allowed. No Costs.

Parties to the Case

Appellants / Petitioners

  • Suraja
  • Shiyas
  • M. Bakiyam
  • Maria Raj

Respondents

  • Sreena Shyam
  • Shibu S.
  • Branch Manager, National Insurance Company Ltd.
  • Addl. Tahsildar Taluk Office Kollam

Legal Representation & Advocates

Counsels for Petitioners

  • • Binu George
  • • Hemalatha (SMT.)

Counsels for Respondents

  • • D. Anil Kumar
  • • Lal George
  • • T.K. Shajahan (Senior Government Pleader)

Case Synopsis & Summary

This is a Motor Accident Claims Appeal (MACA No. 4239 of 2018) before the High Court of Kerala at Ernakulam. The appellants are four legal heirs of a deceased person who challenged a Motor Accidents Claims Tribunal award in OP(MV) 423/2013 (Kollam). The Tribunal had dismissed the claim on the ground that a legal heirship certificate was not produced and there was no evidence of dependents. The appellants contended that essential documents — including the birth certificate, nativity certificates of the child and mother, and the marriage invitation — were available before the Tribunal, and that delay in production arose from the deceased’s Christian faith and subsequent conversion to Islam with roots in Tamil Nadu. The High Court found that the documents presented sufficiently established the family relationship and that the issue could be resolved within the appeal itself without remand. It noted that the insurer’s liability was recognized and recalculated compensation employing Supreme Court principles on incremental income (Ramachandrappa) and cost-of-living enhancements (Pranay Sethi), as well as loss of consortium guidelines (Magma General Ins. Co. Ltd. v. Nanu Ram). The Tribunal’s order was set aside, and the appeal was allowed with directions for payment of enhanced compensation (Rs.21,17,800 plus heads of damage and interest) with specific provisions for a minor’s fixed deposit. The decision underscores that legal heirs can be recognized on probative documents, enabling settlement within the appeal, with no costs.

Submissions & Arguments

Contentions of Appellants / Petitioners

Appellants contend that the Tribunal erred in dismissing the claim for lack of legal heirship proof; crucial documents showing kinship were placed before the Tribunal (birth certificate, nativity certificates, marriage invitation), and delays were due to religious conversion and regional origins. They urge fresh consideration within the appellate court, not remand, and submit that once legal heirship is established, the claim can be adjudicated here. They rely on established methods of calculating compensation, including incremental income for unorganized workers (Ramachandrappa) and cost-of-living adjustments (Pranay Sethi), along with compensation heads such as loss of estate, funeral expenses, and loss of consortium (as guided by Magma General Ins. Co. v. Nanu Ram).

Contentions of Respondents

Respondents maintain the Tribunal’s dismissal for lack of proof of legal heirs and contend the post hoc production of materials cannot revive the claim; they emphasize strict adherence to procedural requirements for legal heirs and reliance on the original reasoning. They acknowledge insurer liability only to the extent determined by the court’s final order and invite adherence to established jurisprudence and statutory requirements in determining entitlement and distribution among claimants.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited(2011) 13 SCC 236PositiveCited for the principle that there can be incremental/notional income enhancements for unorganized workers, informing compensation calculations.
National Insurance Co. Ltd. v. Pranay Sethi(2017) 16 SCC 680PositiveCited for guidance on incremental compensation due to cost of living and income growth adjustments.
Magma General Insurance Co. Ltd. v. Nanu Ram2018 ACJ 2782PositiveCited for framework on compensation for loss of consortium.

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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** **FRIDAY, THE 13[TH] DAY OF AUGUST 2021 / 22ND SRAVANA, 1943 MACA NO. 4239 OF 2018** **AGAINST THE AWARD DATED 18.09.2017 IN OP(MV) NO.423/2013 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM** ## **APPELLANTS/PETITIONERS:** - **1 SURAJA, AGED 30 YEARS W/O.MUHAMMED SHAFI @ PETER, KOLLENTAKUNNIL, KATTIL MARKET P.O, THAMALAKKAL CHERRY, KUMARAPURAM VILLAGE, HARIPPAD, ALAPPUZHA DISTRICT.** - **2 SHIYAS, AGED 12 YEARS (MINOR), S/O.MUHAMMED SHAFI @ PETER, KOLLENTAKUNNIL, KATTIL MARKET P.O, THAMALAKKAL CHERRY, KUMARAPURAM VILLAGE, HARIPPAD, ALAPPUZHA DISTRICT. REPRESENTED BY 1ST PETITIONER AS NEXT FRIEND AND GUARDIAN.** - **3 M.BAKIYAM, AGED 60 YEARS W/O.MARIA RAJ, 454 NORTH ST., DHALAVAIPURAM, RAJAGIRI POST, SIVAGIRI TALUK, THIRUNELVELI DISTRICT, TAMILNADU.** - **4 MARIA RAJ, AGED 70 YEARS 454 NORTH ST., DHALAVAIPURAM, RAJAGIRI POST, SIVAGIRI TALUK, KOLLAM PIN 691 601.** **BY ADVS. BINU GEORGE SMT.HEMALATHA** ## **RESPONDENTS/RESPONDENTS:** - **1 SREENA SHYAM, W/O.PUSHPADHARAN, 186, BUNGLOWIL, PRAKKULAM P.O., 9 THRIKKARUVA, KOLLAM PIN 691 601.** - **2 SHIBU S., AGED 29 YEARS S/O.SISUPALAN, KALLIKANDATHIL VADAKKATHIL, THEVALLY P.O., KOLLAM PIN 691 009.** MACA NO. 4239 OF 2018 2 **3 THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD, PARAMESWARAN PILLAI BHAVAN, HOSPITAL ROAD, KOLLAM 691 001.** **(INSURER POLICY NO.570500/31/11/6300031632)** - ***ADDL. 4 THE TAHSILDAR TALUK OFFICE, KOLLAM.** *** [ADDL.R4 IS IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 23/10/2020 IN MACA NO.4239/2018]** **BY ADVS.** **SRI.D.ANIL KUMAR SRI.LAL GEORGE BY SRI.T.K.SHAJAHAN SENIOR GOVERNMENT PLEADER** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **K. VINOD CHANDRAN, J** **- - - - - - - - - - - - - - - - - - - - -** **M.A.CA No.4239 of 2018 ----------------------------------------Dated this the 13[th] day of August, 2021** ## **JUDGMENT** **This Court passed order dated 23.09.2020, which is extracted hereunder:** **“The claim was by the legal heirs of a person deceased in an accident. The Tribunal dismissed the application on the ground that the legal heir-ship certificate was not produced and there was nothing produced to show that they are dependents of the deceased.** **2. Learned counsel for the appellants submit that, in fact, before the dismissal of the claim itself, necessary documents were produced. However, the Tribunal did not reckon the same. It is also submitted that the deceased was a Christian, converted to Islam, who had his roots in Tamil Nadu. This was the reason why there was a delay in production of documents.** **3. I have examined the records and I find that the birth certificate, nativity certificates of the child and mother of the deceased along with the marriage invitation letter is produced before the Tribunal. This Court finds that the parents, wife and child of the deceased has joined together to file a claim** MACA NO. 4239 OF 2018 4 **petition. The relationship of the deceased with the claimants could have been ascertained by the Tribunal from the documents produced. In such circumstances, this Court is of the opinion that there could be a fresh consideration and the order impugned is set aside. Normally this Court would have directed a remand. However, the issue can be resolved in the appeal itself since if legal heirship is proved, the claim can be settled here itself.** **4. The Secretary, District Legal Service Authority, Kollam, shall assist the 1[st] claimant in filing an application for legal heirship certificate from the appropriate authority having jurisdiction over the area in which the 1[st] claimant's house is located. Learned Counsel for the appellants have produced the present address of the 1[st] claimant which is as below.** _**“Surija,M.C.36/2257/191B, Navaneethathil(Ilangath), Thirumullavaaram P.O,**_ _**Manayilkulangara Cheriyil, Kollam West Village.”**_ **5. A coolie was fixed with a notional income of Rs.4,500/- per month in the year 2004, in** _**Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited**_ **[** _**(2011) 13 SCC 236**_ **]. The Hon'ble Supreme Court has also recognised the principle that there would be incremental** MACA NO. 4239 OF 2018 5 **enhancement in the case of even self-employed individuals in the un-organised sector (** _**National Insurance Co. Ltd. vs. Pranay Sethi (2017)16 SCC 680**_ **). With respect to an unspecified job of a coolie considering the increase in cost of living and economic advancements over the years, it can be safely assumed that even a coolie would be eligible for incremental addition of at least Rs.500/- in every subsequent year. A coolie, in the year 2013, on which the accident occurred, would have a notional income of Rs.9,000/-.** **6. There shall be addition considering the age of the deceased, which is 30. There shall also be reduction of 1/4[th] for personal affairs since there are 4 dependents. The multiplier would be 17. The total compensation would be Rs.17,90,100/[9000x130%x3/4x12x17] plus Rs.15,000/- each for loss of estate and funeral expenses, and Rs.40,000/- each for the four claimants as compensation for loss of consortium, going by** _**Magma General Ins.Co.Ltd v. Nanu Ram 2018 ACJ 2782.**_ **Post on 27.10.2020.”** **2. The Legal heir-ship Certificate has been produced as Annexure-1 along with an affidavit dated 26.07.2021. The aforesaid Certificate shows four legal heirs; the appellants who are respectively the wife, son, mother and father of the deceased, who are entitled to** MACA NO. 4239 OF 2018 6 **the compensation awarded by this Court. This Court also takes note of an affidavit-cum-consent filed as Annexure2 supported by a notarised-affidavit dated 05.08.2021. Respondents 3 & 4, who are respectively the mother and father of the deceased, have sworn to the affidavit along with the wife and son, who are appellants 1 & 2. Appellants 3 & 4 in the said affidavit have categorically limited their claim to Rupees Five Lakhs and has agreed to the balance being paid to appellants 1 & 2.** **3. An Officer of the Insurance Company, Sri.Ajith Sasthri, Administrative Officer, National Insurance Company, was present before this Court along with the Standing Counsel on 16.07.2021. The Officer, on behalf of the Insurance Company, has specifically informed this Court that the liability is accepted by the Insurance Company. This Court had, in the earlier order extracted herein above, computed the compensation payable. This Court notices that there is a slight error insofar as addition having been made at 30%, which in the case of the deceased having age of 30 years has to be 40%. The other aspects remain the same. In such** MACA NO. 4239 OF 2018 7 **circumstances, the total compensation would be [9000x140%x3/4x12x17] Rs.19,27,800/- [Rupees Nineteen lakhs twenty seven thousand and eight hundred only] + Rs.15,000 each for loss of estate and funeral expenses and Rs.40,000/- each for the four claimants, as compensation for loss of consortium. The total compensation payable would be hence Rs.21,17,800/[Rupees Twenty one lakhs seventeen thousand eight hundred only]. The above amounts will be payable with interest at 7% from the date of application. However, the Insurance Company would not be liable to interest for the delay of 314 days caused in filing the appeal.** **4. Out of the total compensation as agreed to in the affidavit Rupees Five lakhs would be payable in the joint names of appellants 3 & 4 and the balance amount would be payable equally to appellants 1 & 2. Since the 2nd appellant is a minor, the amounts payable to him would be kept in a Fixed Deposit in a Nationalised Bank for a period of one year to be extended for like periods till the 2nd appellant attains majority. This Court makes it clear that if the first appellant, for the purpose of the** MACA NO. 4239 OF 2018 8 **2nd appellant, requires the amounts kept in Fixed Deposit, she can make a proper application before the Tribunal, who shall consider it in accordance with law. The appellants 1, 3 & 4 would be entitled to give their Account Numbers to the Insurance Company, to which accounts the amounts as directed herein shall be paid. As far as the 2nd appellant is concerned, the amount shall be deposited as directed by the Tribunal.** **Appeal allowed. No Costs.** Sd/- **K. VINOD CHANDRAN, JUDGE** ## **DK/sp** MACA NO. 4239 OF 2018 9 ## **APPENDIX** ## **' - PETITIONERS EXHIBITS:** - - **ANNEXURE-I COPY OF THE AWARD DATED 18.09.2017 IN O.P.(MV) NO.423/2013 OF THE III ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM.** - **-** - **ANNEXURE-I COPY OF LEGAL HEIRSHIP CERTIFICATE DATED 19.04.2021. [PRODUCED ALONG WITH I.A. NO.1 OF 2021].** - **-** - **ANNEXURE-II ORIGINAL AFFIDAVIT DATED 03.08.2021.**