K.Sujatha Kumari vs C.Abdulla Koya

Johnson John, J

The appellants are the petitioners in O.P. (MV) No. 619 of 2001 on the file of the Motor Accident Claims Tribunal, Neyyattinkara.

The claim petitioners are the legal heirs of the deceased David, who died in a motor vehicle accident occurred on 11.12.2000. According to the appellants, on the date of occurrence, the deceased was travelling as a passenger in the bus driven by the 2nd respondent in a rash and negligent manner and when the bus reached near Kaniyambattom, it overturned and the deceased sustained serious injuries in the accident and succumbed to his injuries on the same day. The 1st respondent is the owner of the bus and the 3rd respondent is the insurer. Since the 1st respondent died after the filing of the claim petition, additional 4th respondent was impleaded as his legal heir.

Before the Tribunal, Exhibits A1 to A7 were marked from the side of the petitioners and Exhibit B1 marked from the side of the 3rd respondent.

After trial and hearing both sides, the Tribunal found that the accident occurred because of the negligence on the part of the 2nd respondent and on the ground that the 2nd respondent was not having a valid driving licence, the 3rd respondent insurance company was allowed to recover the compensation amount from the additional 4th respondent after payment to the petitioners. The Tribunal awarded a total compensation of Rs.5,86,800/- to the petitioners.

The appellants are challenging the quantum of compensation fixed by the Tribunal on the ground that the same is inadequate. On the basis of Exhibit A6 salary certificate, the Tribunal accepted the monthly income of the deceased as Rs.10,695/- and I find no reason to interfere with the said finding of the Tribunal.

The learned counsel for the appellant pointed out that the Tribunal accepted the age of the deceased as 50 years, but took the multiplier as 11. The decision of the Honourable Supreme Court in Sarla Varma v. Delhi Transport Corporation [2010 (2) KLT 802 (SC)] shows that the multiplier applicable to persons aged between 46 to 50 is 13.

It is also pointed out that the deceased was having a permanent job and therefore, entitled for an addition of 15% towards future prospects as he was aged between 50-60 years, as per the principles laid down by the Honourable Supreme Court in National Insurance Co.Ltd. v Pranay Sethi [(2017) 16 SCC 680]. Thus, while re-assessing the compensation for loss of dependency as per the revised criteria, the amount would come to Rs.12,79,122/- [(10695 + 15%) x 2/3 x 12 x 13].

The decision of the Hon'ble Supreme Court in Pranay Sethi (Supra) would show that the reasonable amount payable on conventional heads namely Loss of Estate, Loss of Consortium and Funeral Expenses should be Rs.15,000/-, Rs.40,000/- and Rs.15,000/-respectively and that the aforesaid amount should be enhanced by 10% in every three years. The Hon'ble Supreme Court in Rojalini Nayak & Ors v. Ajit Sahoo (2024 KHC Online 8300) by adopting the above metric  awarded  a  compensation  of  Rs.48,400/-  towards loss  of consortium and Rs.18,150/- each towards funeral expenses and Loss of Estate. Therefore, the amount awarded by the Tribunal towards funeral expenses and loss of estate will be modified to Rs.18,150/- each and the first petitioner will also be entitled for Rs.48,400/- towards Loss of consortium.  In  view  of  the  compensation  granted  towards  loss  of consortium,  the  petitioners  are  not  entitled  for  a  seprarte  amount towards love and affection.

In conclusion, the enhanced amount of compensation, as modified as a result of the above discussion is encapsulated, in a tabular format herein below :

Sl.

Particulars

Compensation

Final Amount

No

awarded by the

Payable

Tribunal (Rs.)

1

Loss of dependency

5,23,800/-

12,79,122/-

2

Loss of estate

15,000/-

18,150/-

3

Love and affection

15,000/-

NIL

4

Loss of consortium

15000/-

48,400/-

5

Transportation

6000/-

6000/-

6

Damage to clothing

2000/-

2000/-

7

Funeral expenses

5000/-

18,150/-

8

Pain and sufferings

5000/-

5000/-

Total amount Payable

13,76,822/-

Accordingly, the total amount of compensation payable to the petitioners is determined as Rs.13,76,822/-.

In the result, this appeal is allowed, and the appellants/petitioners are allowed to recover the compensation amount of Rs.13,76,822/-(Rupees Thirteen Lakhs Seventy Six Thousand Eight Hundred and Twenty Two only) with interest at the rate of 9% per annum from the date of the claim petition till the date of realization with proportionate costs from the respondents. The third respondent insurance company shall deposit the said amount together with interest and costs before the Tribunal within a period of three months from the date of receipt of a certified copy of this judgment.