Kerala High Court
Lakshmi vs Abdul Salam P on 7 November, 2018
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940
MACA.No.470 of 2009
AGAINST THE AWARD IN OP(MV)NO.2486/2004 DATED 23-06-2007
OF PRINCIPAL M.A.C.T., KOZHIKODE
APPELLANTS/PETITIONERS:
1 LAKSHMI, W/O.DECEASED AYYAPPAN VAIDYAR, AGED 85 YEARS,
KALLUVETTU KUZHIYIL, KARASSERY POST,
KAKKAD AMSOM, KOZHIKODE.
2 KOUSALYA D/O.AYYAPPAN VAIDYAR, AGED 62 YEARS,
KALLUVETTU KUZHIYIL, KARASSERY POST, KAKKAD AMSOM,
KOZHIKODE.
3 KRISHNAN S/O.AYYAPPAN VAIDYAR, AGED 54 YEARS,
KALLUVETTU KUZHIYIL,, KARASSERY POST, KAKKAD AMSOM,
KOZHIKODE.
4 DEVI D/O.DECEASED AYYAPPAN VAIDYAR,
KALLUVETTU KUZHIYIL, KARASSERY POST, KAKKAD AMSOM,
KOZHIKODE.
5 MALATHY D/O.AYYAPPAN VAIDYAR, AGED 49 YEARS,
KALLUVETTU KUZHIYIL, KARASSERY POST, KAKKAD AMSOM,
KOZHIKODE.
6 SADANANDAN S/O.AYYAPPAN VAIDYAR, AGED 47 YEARS,
KALLUVETTU KUZHIYIL,, KARASSERY POST, KAKKAD AMSOM,
KOZHIKODE.
7 VALSALA D/O.AYYAPPAN VAIDYAR, AGED 44 YEARS,
KALLUVETTU KUZHIYIL,, KARASSERY POST, KAKKAD AMSOM,
KOZHIKODE.
8 VINOD S/O.AYYAPPAN VAIDYAR, AGED 40 YEARS,
KALLUVETTU KUZHIYIL, KARASSERY POST, KAKKAD AMSOM,
KOZHIKODE.
BY ADV. SMT.T.V.NEEMA
MACA.470 of 2009 - 2 -
RESPONDENTS/RESPONDENTS:
1 ABDUL SALAM P., S/O. AHAMMED KUTTY,
PUVATHIKKAL HOUSE, KODIYATHUR POST, MUKKAM VIA,
KOZHIKODE.
2 ABDURAHIMAN S/O.UNNIMOYI HAJEE, AGED 48 YEARS,
CHALAKKAL VALAPPIL HOUSE,, KARAKUTTY,
KODIYATHUR POST, MUKKAM-VIA, KOZHIKODE.
3 THE NATIONAL INSURANCE CO.LTD.,
BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD,
MANJERI, MALAPPURAM.
4 SULOCHANA.K.T., W/O.RAMAN VAIDYAR, AGED 56 YEARS,
MUTHUVEDATH HOUSE, KOTTOOLI POST, KOZHIKODE,
(D/O.OF THE DECEASED AYYAPPAN VAIDYAR).
5 SHARADA.K.T., W/O.SHIVANANDHAN VAIDYAR
EMILI, CHITRAMPATT HOUSE, KALPETTA, WYNAD,
(D/O.OF THE DECEASED AYYAPPAN VAIDYAR).
OTHER PRESENT:
SRI P JACOB MATHEW SC FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
07.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA.470 of 2009 - 3 -
JUDGMENT
A 90 year old man while travelling in an autorickshaw met with an accident when the vehicle toppled. He also succumbed to the injuries. Negligence was found on the autorickshaw driver. The Tribunal considered the fact that the deceased was a 90 year old person and fixed the notional income at Rs.15,000/- per annum. The learned Counsel for the appellant submits that the deceased was an Ayurvedic Physician and was earning Rs.5,000/- per month. However, there was no evidence adduced on that count. In such circumstances, no enhancement can be granted to the income as adopted by the Tribunal. Multiplier was also adopted at 5, which is correct.
2. However, the following enhancement can be granted, considering the fact that the deceased died after 9 days from the accident, in a hospital. There is also slight difference in loss of dependency. The enhancement also has to be in accordance with the decision of the Hon'ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi and MACA.470 of 2009 - 4 -
Others [2017 (5) KHC 350]
Sl. Head of Claim Amount Total amount
No. awarded by after
the Tribunal enhancement in
` appeal
`
1 Loss of dependency 50000/- 60000/-
[15000-3000(1/5)x5]
2 Pain and suffering 5000/- 10000/-
3 Medical expenses 5000/- 5000/-
4 Transportation Expenses 1000/- 1000/-
5 Funeral expenses 2000/- 15000/-
6 Loss of estate NIL 15000/-
7 Loss of consortium NIL 40000/-
Total 63000/- 146000/-
3. The amounts awarded as above, after deducting
what has already been paid, shall be paid within two months from the date of receipt of a certified copy of this judgment with interest from the date of application and costs, if any, as awarded by the Tribunal.
The appeal would stand allowed. Parties are left to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN JUDGE Vku/-
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