NATIONAL INSURANCE COMPANY LIMITED Vs. ANKITHA P S

JUDGEMENT

(1.) M.A.C.A.No.1673 of 2015 is filed by the Insurance Company challenging the award in O.P.(MV).No.158 of 2012 and M.A.C.A.Nos. 2623 and 2626 of 2015 are filed by the claimants in O.P. (MV).No.163 of 2012 and 158 of 2012 respectively decided as per common award dated 28.10.15 by the IIIrd Additional Motor Accidents Claims Tribunal, Ernakulam. The appellants are aggrieved by the quantum of compensation awarded.

(2.) The claim arises out of an accident which occurred on 2.10.2011 at 8.45. am. On the fateful day Sri Ajayakumar and his wife Sheeja were travelling in a car bearing registration No. KL-23- C-8240. The car was driven by their relative Ananda Vishnu. The vehicle in which they were traveling collided with a lorry bearing registration No. KL-03-L-4540. All three of them sustained serious injuries and died in the accident. O.P.(MV).No.158 of 2012 has been filed by the daughter and son claiming compensation on account of the death of their mother Sheeja and O.P.(MV).No. 163 of 2012 has been filed by daughter, son and their grandmother claiming compensation on account of death of Sri. Ajaykumar. Both the claims were allowed and compensation awarded under different heads as under: (i) O.P.(MV).No.158 of 2012 <FRM>JUDGEMENT_110_LAWS(KER)3_2018_1.html</FRM> <FRM>JUDGEMENT_110_LAWS(KER)3_2018_2.html</FRM>

(3.) First I shall deal with claimants appeal. It is argued that in regard to O.P(MV).No. 158 of 2012, the person who died was a school teacher by profession and she was drawing a salary of Rs.26,788/-. She was only 50 years of age. Taking into account her future prospects in life an additional 25% ought to have been added to compute the loss of earnings. Further 50% of the income is deducted towards personal and living expenses on account of the fact that the number of dependents were 2. It is argued that only 1/3rd of the amount ought to have been deducted towards personal and living expenses. There is no dispute regarding the multiplier, which is taken as 13. It is also argued that they were entitled for Rs.15,000/- as funeral expenses and only Rs.8,000/- was awarded. For pain and suffering, the entitlement was only Rs.15,000/- whereas Rs.45,000/- was awarded by the Tribunal. The Tribunal awarded Rs.10,000/- towards the compensation for mental agony, which was not appropriate based on the recent judgment of the Apex Court. With regard to loss of estate, only 10,000/- has been granted and the appellants claim a further amount of Rs.5,000/- under that head. Under the head loss of love and affection, nothing has been awarded by the Tribunal whereas the claimants are entitled for Rs.50,000/- each under that head.