Yohannan and Thankachi and Shijo V. New India Assurance Company Ltd

MACA/369/2019

AI Insights

The case involves an appeal by the family of a deceased individual who was killed in a road accident involving a KSRTC bus. The appellants, comprising the deceased's parents and brother, contested the compensation awarded by the Motor Accident Claims Tribunal, Perumbavoor, seeking enhancements under various heads. The Tribunal had initially awarded compensation based on a notional income, which the appellants argued was insufficient. The High Court examined the evidence presented, including the deceased's employment status and income claims, and adjusted the compensation accordingly, particularly in the areas of loss of dependency and the recognition of loss of filial consortium.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 814629 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 09-09-2020
• Assessment Year: misc
• Other Referred Cases: Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], National Insurance Co. Ltd. vs. Pranay Sethi (2017)16 SCC 680, Magma General Insurance Co.Ltd. v. Nanu Ram and others [2018 (11) SCALE 247 = 2018(4) RCR (Civil)333]
• Laws Referred To: Motor Accident Claims Tribunal
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P BHARATHAN
• Assessee Lawyers: A N SANTHOSH
• Keywords: Compensation; Loss of dependency; Motor Accident; Notional income; Filial Consortium
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942 MACA.No.369 OF 2019(A) AGAINST THE AWARD IN OPMV 705/2016 DATED 18-09-2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR APPELLANT/S: 1 YOHANNAN AGED 53 YEARS S/O. JOHNSON, CHARUVILAPUTHENVEEDU, KALARATHOTTAM, PERUMKULAM P.O, ATTINGAL. 2 THANKACHI, W/O. YOHANNAN CHARUVILAPUTHENVEEDU, KALARATHOTTAM, PERUMKULAM P.O, ATTINGAL. 3 SHIJO S/O. YOHANNAN, CHARUVILAPUTHENVEEDU, KALARATHOTTAM, PERUMKULAM P.O, ATTINGAL. BY ADV. SRI.A.N.SANTHOSH RESPONDENTS: NEW INDIA ASSURANCE COMPANY LTD, DO-2, 2ND FLOOR, RAMA PALAZA, NEAR AYYAPPANCOL, S.S. COIL ROAD, THAMBANOOR, THIRUVANANTHAPURAM - 695 001. R1 BY ADV. SRI.P.BHARATHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.369/2019 2 JUDGMENT Dated this the 09th day of September, 2020 The appellants are the parents and brother of the deceased in an accident. The deceased while riding a scooter was hit by a KSRTC Bus. The deceased succumbed to the injuries caused in the accident. He was aged 28 years on the date of the accident. The accident occurred on 10.04.2016. The appellants, the legal heirs claim that the deceased was a laundry worker earning Rs.30,000/- per month. The appellants seek enhancement of compensation under various other heads also under which the Tribunal granted compensation. 2. Though the appellants assert that the deceased was a laundry worker earning Rs.30000/- per month, nothing was produced to prove the employment or the income. There was also no returns produced to show the income tax payment. In such circumstances, the Tribunal adopted a notional income at Rs.9000/- and took 40% as future prospects. A coolie was fixed with a MACA No.369/2019 3 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 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. Even a coolie would be entitled to Rs.10500/- in the year 2016. In such circumstances the notional income of the deceased can be fixed at Rs.11000/- per month. 3. There need be no enhancement for future prospects adopted by the Tribunal. The multiplier adopted by the Tribunal is also correct, considering the age of the deceased. The Tribunal has awarded Rs.50000/- for loss of love and affection. There could be no MACA No.369/2019 4 compensation granted for loss of love and affection. But however,compensation for loss of filial consortium can be granted on the basis of the decision in 2018 (11) SCALE 247 = 2018(4) RCR (Civil)333 [Magma General Insurance Co.Ltd. v. Nanu Ram and others]. The brother of the appellant though a legal heir, since has attained majority can not be granted any compensation especially since it has not been shown that he is a dependent. The amounts granted under loss of love and affection by the Tribunal is deleted. Compensation for loss of filial consortium at Rs.80000/- is granted to the parents. In such circumstances, the following enhancement is granted. Sl. No. Head of Claim Amount awarded by the Tribunal ` Total amount after enhancement in appeal ` 1 Transport to hospital 10000 10000 2 Damage to clothings 1000 1000 3 Pain and suffering 10000 10000 4 Funeral expenses 15000 15000 5 Loss of estate 15000 15000 6 Love and affection 50000 Deleted 7 Loss of filial consortium to parents -- 80000 8 Loss of dependency 1285200 1570800 11000*140%*12*17*1/2 MACA No.369/2019 5 Total 1386200 1701800 MACA allowed. The payment as per the award and the modification made herein shall be made within three months with interest as directed by the Tribunal @ 8%, after deducting the amounts already paid. The claimants 1 and 2 shall produce a copy of a cancelled cheque of the Bank account in a Nationalized Bank in any one of their names, with authorization 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 Tribunal shall proceed with the recovery in accordance with law. No order as to costs. Sd/- Jma K.Vinod Chandran, Judge "