IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 MACA.No. 144 of 2007() ---------------------- OPMV.834/2000 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): APPELLANT/2ND RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KCOHI-11. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): PETITIONER/IST RESPONDENT RESPECTIVELY ----------------------------------------------------- 1. K.SARADA, W/O.DECEASED SANKARAKRISHNAN, AGED ABOUT 49 YEARS, DOOR NO.3321 VIKAS NAGAR, HOUSING COLONY, CHAKKORATHKULAM, KOZHIKODE. 2. K.P.PHILIP, S/O.PHILIP, AGED ABOUT 60 YEARS, ELAMPALLY P.O., ARIKADU, KOTTAYAM, NOW RESIDING AT `SILPA', 1/3997, EAST HILL, KATCHERI AMSOM AND DESOM OF KOZHIKODE TALUK. ADV. SMT.LATHA PRABHAKARAN FOR R1 SRI.K.M.JAMALUDHEEN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.144 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2011 JUDGMENT Basheer, J. The short question that arises for consideration in this appeal, which is at the instance of the insurer of a vehicle involved in a road traffic accident, is whether the Tribunal was justified in awarding a sum of Rs. 2,00,000/- under the head of “ loss of salary” of the deceased. 2. The Tribunal passed an award in a sum of Rs. 9,62,040/- which comprised of Rs. 9,42,040/- under the head of loss of dependency, Rs. 10,000/- for loss of consortium and Rs. 5,000/- each towards funeral expenses and for pain and suffering . In addition to the above, the Tribunal awarded a sum of Rs. 2,00,000/- towards loss of salary. The Tribunal has not given any reason for awarding such a huge amount of compensation. 3. It is seen from the award that the monthly income of the deceased was taken as Rs. 7,135/- which was admittedly the gross salary that the deceased was drawing at the time of his death. After MACA.No.144/2007 2 deducting 1/3 from the above salary, the Tribunal had computed the compensation payable under the head of loss of dependency at Rs. 9,42,040/-. It is true that the Tribunal did not keep in view the future promotional prospects or the hike in the salary that might have come by, if the deceased had continued in service till his retirement in 2013. But still, the Tribunal could not have ordered a lumpsum payment of Rs 2,00,000/- under the head of loss of salary. Applying the principles laid down in Sarala Varma v. Delhi Transport Corporation and another ( 2010 ( 2) KLT 802(SC), an increase of 30% in salary could have been reckoned over and above the actual salary that was being drawn by the deceased at the time of his death. However, the Tribunal had not adopted such a methodology. Therefore, the award of Rs. 2,00,000/- under the head of loss of salary cannot be sustained. But the Tribunal awarded only a paltry sum of Rs.10,000/- towards loss of consortium. In our view, the claimant/widow would be entitled to get an additional sum of Rs. 40,000/- under this head. 4. Similarly, no amount has been awarded by the Tribunal towards loss of estate. A sum of Rs. 15,000/- would be just and reasonable under this head. Under the head of pain and suffering, the MACA.No.144/2007 3 Tribunal has awarded only Rs. 5,000/-. In our view, a sum of Rs. 15,000/- would be reasonable under this head. Therefore, the award passed by the Tribunal is modified in the following manner : The sum of Rs. 2,00,000/- awarded under the head of loss of salary is deleted. However, the respondent/claimant is awarded an additional compensation of Rs. 40,000/- under the head of loss of consortium; an additional sum of Rs.10,000/- for pain and suffering and a sum of Rs.15,000/- towards loss of estate. Thus, the claimant/respondent will be entitled to an additional compensation of Rs. 65,000/- under the above heads. 5. Thus, the respondent/claimant will be entitled to get a total compensation of Rs. 8,27,040/- as against Rs. 9,62,040/- awarded by the Tribunal. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.144/2007 4