THERESSIA V. COMMISSIONER OF INCOME TAX, CALICUT

MACA/1401/2009

AI Insights

The case involves an appeal by the widow and children of the late Joseph, who died in a motor accident due to the negligent driving of a vehicle owned by the 1st respondent and driven by the 2nd respondent. The Motor Accidents Claims Tribunal, Perumbavoor, awarded compensation under various heads, which the appellants found insufficient and appealed for enhanced compensation. The High Court of Kerala, after reviewing the evidence and the Tribunal's decision, adjusted the compensation for loss of dependency but upheld the amounts awarded under other heads.

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 699764 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 07-03-2013
• Assessment Year: misc
• Other Referred Cases: Sarla Verma v Delhi Transport Corporation, 2010 (2) KLT 802 (SC)
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: P NAIR
• Assessee Lawyers: E C PAULOSE; BOBBY C
• Keywords: Compensation; Loss of dependency; Motor Accident Claims; Multiplier method; Negligent driving; Personal Expenses Deduction

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 7TH DAY OF MARCH 2013/16TH PHALGUNA 1934 MACA.No. 1401 of 2009 ( ) ------------------------- AGAINST THE ORDER/JUDGMENT IN OPMV.1353/2005 of M.A.C.T.,PERUMBAVOOR DATED 23.2.2008 APPELLANT(S)/PETITIONERS: ------------------------------------------------ 1. THERESSIA, W/O.LATE JOSEPH, AGED 61 YEARS, KALLARACKAL HOUSE, PARAKKADAVU VILLAGE ELAVOOR P.O. 2. GRACY, D/O.LATE JOSEPH, AGED 45 YEARS, -DO -DO- 3. ANNIE, D/O.LATE JOSEPH, AGED 43 YEARS, -DO- -DO- 4. VALSA, D/O.LATE JOSEPH, AGED 41 YEARS, -DO- -DO- 5. SHEEBA, D/O.LATE JOSEPH, AGED 39 YEARS, -DO- -DO- 6. JIJO, S/O.LATE JOSEPH, AGED 35 YEARS, -DO- -DO- BY ADVS.SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------- 1. COMMISSIONER OF INCOME TAX, CALICUT, CALICUT P.O. 2. MUHAMMED.P., S/O.ABDU RAHIMAN, CHEMBAKASSERY HOUSE, CHERUPPA P.O. KOZHIKODE DISTRICT. 3. SR.ALPHONSA @ SHINY, VENERING CONVENT, CHERUVANNOOR P.O. R1 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN & BABU MATHEW P.JOSEPH, JJ. ================== M.A.C.A.No. 1401 of 2009 ================== Dated this the 7th day of March, 2013 J U D G M E N T Siri Jagan, J. The claimants in O.P.(M.V).No. 1353/2005 before the Motor Accidents Claims Tribunal, Perumbavoor, are the appellants herein. They are the widow and children of late Joseph, who died in a motor accident on 6.6.2005, on account of negligent driving of a vehicle owned by the 1st respondent and driven by the 2nd respondent. The 3rd respondent is another daughter of deceased Joseph. In the O.P. for the death of Joseph, the appellants claimed compensation. The Tribunal, after finding negligence on the part of the 2nd respondent, awarded compensation under various heads as follows: Head of claim Amount awarded ` 1 Loss of dependency 1,60,320.00 2 Transportation expenses 2,500.00 3 Damage to clothings 250.00 4 Pain and suffering 5,000.00 5 Loss of love and affection 15,000.00 6 Loss of consortium 15,000.00 7 Funeral expenses 2,500.00 8 Loss of estate 2,500.00 Total 2,03,070.00 M.A.C.A.1401/09 - : 2 :- Dissatisfied with the quantum of compensation awarded, the appellants have filed this appeal seeking enhanced compensation. 2. The appellants contend that although the appellants had adduced convincing evidence regarding the monthly income of the deceased as ` 4811/-, the Tribunal has arbitrarily fixed the income of the deceased only as ` 2500/-, which is not sustainable. They also submit that the compensation awarded under the other heads are also not commensurate with the loss suffered by the appellants on account of the death of their bread winner. 3. We have heard the learned counsel for respondents 2 and 3 also. 4. The deceased was a headload worker in the Food Corporation of India. The appellants have produced Ext.A6 wage certificate issued by the Assistant Manager of the Food Corporation of India, Kochi, certifying that the deceased was a casual labourer of F.C.I., Angamali Depot, and his gross wages for the month of May 2005 was ` 4,811/-. The Manager (Accounts) of the District Office of F.C.I. was examined as PW1. He gave evidence in support of the wage certificate. But in his M.A.C.A.1401/09 - : 3 :- evidence he also said that the monthly wages would be so much only if the deceased worked on all the working days continuously. On days when he absented, he will not get wages also. It is also stated that he would have retired at the age of 60. We are of opinion that in view of the said evidence, although the finding of the Tribunal that the monthly income of the deceased was only ` 2,500/- cannot be accepted, because of the uncertainties of his job, the average monthly wages can be fixed as ` 4,000/-. But we find that the 1st appellant was aged 58 years and the other appellants were aged 42 years, 40 years, 38 years, 36 years and 32 years respectively. Therefore, appellants 2 to 6 were major daughters and sons of the deceased and they cannot be held to be dependents of the deceased. Only the 1st appellant can be taken as the dependent of the deceased. Consequently, the deduction for personal expenses of the deceased should be 50% as per the decision of the Supreme Court in Sarla Verma v Delhi Transport Corporation, 2010 (2) KLT 802 (SC). The Tribunal has fixed the age of the deceased as 59 years and the multiplier to be adopted as 8. We do not find anything wrong with the same. Calculated thus, the appellants would be entitled to ` 1,92,000/- for loss of dependency (` 2000 x 12 x 8). Under M.A.C.A.1401/09 - : 4 :- this head, the appellants would be entitled to additional compensation of ` 31,680/- under the head of loss of dependency. On going through the award, we are satisfied that on all other heads, the Tribunal has awarded just compensation for the death of Joseph. Therefore, we are not inclined to interfere with the same. Accordingly, the appellants would be entitled to ` 31,680/- as additional compensation over and above what has been awarded by the Tribunal. The said amount would carry interest at the rate of 9% per annum from the date of the claim petition till date of payment. Respondents 1 and 2 shall pay the same also, within two months. The appeal is disposed of as above. Sd/- S.SIRI JAGAN, JUDGE Sd/- sdk+ BABU MATHEW P.JOSEPH, JUDGE ///True copy/// P.A. to Judge M.A.C.A.1401/09 - : 5 :- "