IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 1230 of 2002()
1. THE NEW INDIA ASSURANCE COMPANY LTD.,
... Petitioner
Vs
1. A. HAMEED KANNU, T.C.8/662, ZULFI NIVAS,
... Respondent
2. S. ABIDA, W/O. A. HAMEED KANNU, DO.
3. A. SULPHITHA BEEVI, D/O. A. HAMEED KANNU
4. H. SUDHIR KHAN, S/O. A. HAMEED KANNU,
5. R. RAMESH, S/O. RAMAN,
6. BIJU ROBIN, S/O. ROBINSON, KARUNYA,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.NAGARAJ NARAYANAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :01/04/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A. No. 1230 of 2002
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Dated this the 1st day of April, 2008
Judgment
Koshy,J.
This appeal is filed by the insurance company
questioning the quantum of compensation awarded by the tribunal.
26 year old son of the first respondent sustained fatal injuries in an
accident on 11.10.1996 and his wife and children filed an
application for compensation. The tribunal, after finding that the
driver of the vehicle insured by the appellant insurance company
was responsible for the accident, awarded an amount of Rs.
18,45,000/- with interest at the rate of 9% per annum from the date
of application till its deposit. Only dispute in this appeal is regarding
the quantum of compensation.
2. According to the claimant, he was employed as an
Office Executive of Al Mansouri Group of Estates, Abu Dhabi, U.A.E.
Ext.A16 is the B.A. degree certificate. Ext.A17 shows that he was a
member of the National Service Scheme. Ext.A18 shows that
appellant had completed M.A. degree course. According to the
claimants, he did not write the examination because he got an
M.F.A.No.1230/2002 2
employment in Gulf. Ext.A20 shows that he was a member of the
College Athletic team. Ext.A22 shows that he attended a computer
course. Ext.A23 shows that he was working as a Secretary in 1993
and his salary was 1,500 Dirhum. Exchange rate of Dirhum was
Rs.10. The tribunal has calculated the compensation taking
Rs.15,000/- as the monthly income and after deducting one-third,
Rs.10,000/- was taken as the monthly loss of dependency. 15 was
taken as the multiplier and compensation was awarded. Passport
was not produced and marked. I.A. No.3151 of 2001 was filed
before the Tribunal by the appellant insurance company calling
upon the legal heirs of the deceased to produce the passport and
visa. No such documents were produced showing that the accident
occurred during the period when he came on leave. Exts.A23 and
A24 certificates were issued by the employer showing that he was
employed in the year 1993. It is the contention of the insurance
company that the claimant lost his employment and he had no job
on the date of the accident. Original of the passport shows that he
had no visa to go back and he returned from Gulf months before the
accident. That shows that he had no job in Gulf at the time of
accident, but, at the same time he was employed in Gulf, he
studied upto M.A. He was working abroad. There is likelihood that
M.F.A.No.1230/2002 3
he may go back. Assuming that he may go back also, when he is
abroad, his expenses in abroad for boarding and lodging will be
higher and there is likelihood of marriage also. The tribunal has
taken average age of the mother and father and the age of the
deceased (as 26) and 15 as the multiplier. We see no ground to
differ from the finding of the tribunal. Considering the overall
aspect of the matter and his educational qualification and
employment etc., we are of the opinion that at least Rs.3,000/- can
be fixed as the monthly loss of dependency to the family. If that be
so, compensation payable will be Rs.3000 x 12 x 15 = Rs.5,40,000/-.
The tribunal has awarded Rs.15,000/- for funeral expenses. We are
of the opinion that only Rs.5,000/- can be awarded towards
transportation and funeral expenses. Tribunal has awarded
Rs.15,000/- towards loss of estate and Rs.15,000/- towards loss of
love and affection. We are not interfering with the same. We are
also of the view that Rs.10,000/= can be awarded for pain and
suffering. He died in the Medical College Hospital. For
loss/damages to clothing including a wrist watch etc. and also for
life saving treatment given in the last moment, Rs.5,000/- more is
awarded for the above. Therefore, total compensation payable will
be Rs.5,90,000/-. The above amount should be deposited by the
M.F.A.No.1230/2002 4
appellant insurance company with interest and proportionate cost at
the rate awarded by the tribunal after deducting the amount already
deposited.
The appeal is disposed of as above.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.No.1230/2002 5
J.B. KOSHY
AND
K.HEMA ,JJ.
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M.F.A. No. 1230 of 2002
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Judgment
Dated:1st April, 2008