High Court Kerala High Court

United India Insurance Company … vs Girija on 26 June, 2009

Kerala High Court
United India Insurance Company … vs Girija on 26 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 499 of 2005()


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

                        Vs



1. GIRIJA, AGED ABOUT 42 YEARS,
                       ...       Respondent

2. DHANISH, AGED ABOUT 20 YEARS,

3. DHANYA, AGED ABOUT 18 YEARS,

4. A.L.SHAJAN, S/O.LONAPPAN,

5. M.D.SUBIN, S/O.DAMODARAN,

                For Petitioner  :SRI.M.A.GEORGE

                For Respondent  :SRI.V.CHITAMBARESH (SR.)

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :26/06/2009

 O R D E R
                          K. M. JOSEPH &
                 M.L. JOSEPH FRANCIS, JJ.
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                    M.A.C.A.No. 499 of 2005
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              Dated this the 26th day of June, 2009

                             JUDGMENT

Joseph, J.

The appellant is the third respondent in the claim petition

filed by the claimants under Section 166 of the M.V. Act. The

respondents/claimants are the wife and two minor children of the

deceased, who died as a result of the injuries sustained in an

accident, due to the negligent driving of the fifth respondent. As

against the claim of Rs. 6 lakhs, the Tribunal has awarded a sum

of Rs.5,88,800/-.

2. The date of the accident is 19.11.1999. The deceased

was aged 48 years at the time of the accident. He was employed

as a workman in a mill, which was run by the Government of

India. The salary certificate shows his monthly income as

Rs.4029/-

M.A.C.A.No. 499 of 2005

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3. An amount of Rs.12,000/- was awarded towards pain and

sufferings and Rs.58,000/- towards expenses for treatment and

bystander’s expenses. Towards clothing Rs.300/-, towards loss of

consortium Rs.15,000/- and towards compensation for loss of love and

affection, an amount of Rs.15,000/- was awarded. A further amount of

Rs.15,000/- was granted towards loss of expectation in life and for

loss of estate. Towards the expenses for transportation Rs.500/- was

granted and finally an amount of Rs.4,68,000/- stands granted towards

loss of dependency.

4. Heard the learned counsel for the appellant, who canvassed

two contentions. Firstly it is contended that Rs.15,000/- granted

towards loss of expectation in life is to be interfered with. He would

further submit that the Tribunal has clearly erred in arriving at

Rs.4,68,000/- towards loss of dependency.

5. The learned counsel for the claimant would point out that this

is a case, where the Tribunal has taken 12 as the multiplier and

M.A.C.A.No. 499 of 2005

3

multiplier 13 should have been taken and there is no warrant for any

interference.

6. As far as the question of legality of awarding Rs.15,000/-

towards loss of expectation in life is concerned, we notice that the

amount awarded, even if it is treated being awarded towards loss of

estate, can be sustained.

7. The further contention regarding loss of dependency, the

learned counsel for the appellant points out that the monthly income of

the appellant was Rs.4029/- But the actual income for calculation of

dependency is taken at Rs.4,500/- He points out that this was done

considering the future prospects. He would submit that there is no

material to support the said finding. He would further point out that

instead of deducting one-third towards personal expenses of the

deceased, a lump sum of Rs.50,000/- was deducted. This is illegal.

8. The learned counsel for the respondents would point out that

the deceased was 48 years at the time of the accident. He had 10 years

M.A.C.A.No. 499 of 2005

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of service left. The mill was being run by the Government of India.

Therefore, the monthly income taken as Rs.4500/- is reasonable,

which is to be supported. It is further submitted that even if one-third

is deducted, excess amount annually would be Rs.3000/- and taking

the multiplier of 12, the amount would be Rs.36,000/- He would

further point out that this is a case, where the Tribunal has clearly erred

in not taking the multiplier 13, instead of 12 and if 13 were taken, the

effect would be the same.

9. As far as the question relating to fixing Rs.4,500/- is

concerned, going by the decision of the Apex Court in Smt. Sarala

Varma v. Delhi Transport Corporation (Civil Appeal No. 3483 of

2008), in a case where a person is a permanent employee and he has

not crossed 50 years, an addition of 50% of the presently drawn

income can be awarded. In this case the addition comes to less than

15% of the income. If that be so, the fixation of income at Rs.4,500/-

is only to be supported. As we have already adverted to the facts, the

M.A.C.A.No. 499 of 2005

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correct multiplier should have been taken as 13. We would think that

on the whole the compensation awarded is just and proper and the

award is to be supported.

10. The appeal fails and it is dismissed.

(K. M. JOSEPH)
Judge

(M.L. JOSEPH FRANCIS)
Judge

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