High Court Kerala High Court

United India Insurance Company … vs Radhamani on 19 March, 2009

Kerala High Court
United India Insurance Company … vs Radhamani on 19 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2111 of 2005()


1. UNITED INDIA INSURANCE COMPANY LTD.,
                      ...  Petitioner

                        Vs



1. RADHAMANI, W/O. LATE SURENDRAN @ MANI,
                       ...       Respondent

2. AJITH, S/O. LATE SURENDRAN @ MANI,

3. ANJU, D/O. LATE SURENDRAN @ MANI,

4. P.N. GOPALAN, F/O. LATE SURENDRAN @ MANI

5. PADMINI, W/O. GOPALAN.

6. VINEEESH M.G., S/O. GOPALAN

7. ANIL KUMAR, S/O. SEKHARAN,

8. T.K. KUNHABDULLA,

                For Petitioner  :SRI.M.A.GEORGE

                For Respondent  :SRI.S.EASWARAN

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :19/03/2009

 O R D E R
                         R. BASANT &
                     C.T. RAVIKUMAR, JJ.
           -------------------------------------------------
                  M.A.C.A. No.2111 of 2005
           -------------------------------------------------
          Dated this the 19th day of March, 2009

                           JUDGMENT

Basant,J.

The insurer/3rd respondent before the Tribunal is the

appellant before us. The claimants had claimed compensation

for the loss suffered by them on account of the death of the

deceased in a motor accident which took place on 31/3/01. He

succumbed to the injuries later on the same day. The

claimants are the wife aged 35 years, two minor children and

both parents of the deceased. They claimed an amount of

Rs.6 lakhs as compensation.

2. Before the Tribunal, the first claimant/wife examined

herself as P.W.1. Exts.A1 to A7 were marked. The deceased,

it was asserted, was a business man running a provision store.

He was an agriculturist too, it was contended. Exts.A5, A6

M.A.C.A. No.2111 of 2005 -: 2 :-

and A7 reveal that the deceased was running a provision store

and had taken the requisite licence; had paid the requisite

licence fee and was a member of the Kerala Vyapara Vyavasai

Ekopana Samithi. A passbook showing the milk supplied by the

deceased to a local milk production society was also produced.

3. The Tribunal, on an anxious consideration of all the

relevant inputs, came to the conclusion that the claimants are

entitled to a total amount of Rs.4,74,000/- as compensation as

per the details given in para-7 extracted below:

      "Transport charges         -    Rs.1,000/-

       Funeral expenses          -    Rs.3,000/-

       Loss of estate            -    Rs.2,000/-

       Pain and suffering        -    Rs.10,000/-

       Loss of consortium        -    Rs.10,000/-

       Dependency
       (3500 x 12 x 2/3 x 16)    -    Rs.4,48,000/-
                                      --------------------
                Total            -    Rs.4,74,000/-"
                                      ========

That amount was directed to be paid along with interest at the

rate of 6% per annum.

4. The appellant/insurer claims to be aggrieved by the

impugned award. What is the grievance? The grievance is

raised only about the quantum of compensation awarded.

Called upon to explain the precise nature of the challenge which

the appellant wants to mount against the impugned award, the

M.A.C.A. No.2111 of 2005 -: 3 :-

learned counsel for the appellant/insurer submits that the

Tribunal had erred grossly in accepting Rs.3,500/- as the

multiplicand and 16 as the multiplier. The deceased is shown to

be aged 40 years. Except the oral evidence of his wife – P.W.1,

there was no better evidence in support of the assertion that the

deceased was earning an income of Rs.10,000/- per mensem.

However, the Tribunal, though it chose not to accept the

evidence of P.W.1 completely, sailed to the conclusion that the

deceased must have been earning an income of Rs.3,500/- per

mensem at least. The learned counsel contends that this

assumption is unrealistic and not acceptable.

5. That he was a business man running a provision store is

proved beyond the trace of doubt. What amount such person

would have been earning is the only question. No better

documents are produced. The oral evidence of P.W.1 was

rightly not swallowed by the court as gospel truth. It can

certainly be taken note of by a prudent mind that the deceased

was having his wife aged 35 years and 2 children aged 13 years

and 10 years as also his aged parents and a mentally retarded

brother depending upon him. Drawing reasonable inferences of

prudence, the Tribunal fixed the monthly income. We feel that

the Tribunal has committed no error in accepting the monthly

income of the deceased at Rs.3,500/-.

M.A.C.A. No.2111 of 2005 -: 4 :-

6. The next challenge is against the multiplier adopted.

For persons aged 35 to 40 years the multiplier as per the 2nd

Schedule is 16; whereas the persons of the age group of 40 to 45

years, the multiplier is 15. The Tribunal accepted it as 16.

There was no specific evidence to choose whether the deceased

would fall within the former of the latter group. We are not

persuaded to agree that the Tribunal committed any such gross

error warranting appellate interference in reckoning the

multiplier as 16.

7. The learned counsel for the claimant submits that

inadequacy of specific evidence to show whether the deceased

had crossed the age of 40 years cannot be reckoned as too

significant in a case like the instant one. The learned counsel

points out that no amount has been awarded under the head of

loss of love and affection. For 35 years old wife, compensation

for loss of consortium has been granted only at Rs.10,000/-. The

interest has been awarded only at 6% though precedents galore

to suggest that interest must be awarded at least at the rate of

7.5%. In these circumstances, the learned counsel for the

claimants submits that the total amount of compensation

awarded is eminently fair, reasonable and just and, at any rate,

interference with the multiplier is not warranted at all. We are

persuaded to agree with the learned counsel for the claimants.

M.A.C.A. No.2111 of 2005 -: 5 :-

We do not find merit in the challenge raised by the learned

counsel for the appellant.

8. This appeal is, in these circumstances, dismissed.





                                        R. BASANT
                                          (Judge)



                                     C.T. RAVIKUMAR
Nan/                                      (Judge)