MACA No.195 of 2021 1 2025:KER:30341 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 MACA NO. 195 OF 2021 AGAINST THE AWARD DATED 20.10.2020 IN O.P.(M.V.) NO.254 OF 2019 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM APPELLANTS/PETITIONERS IN O.P.(M.V.) NO.254/2019 OF ADDL. MACT ERNAKULAM : 1 DAISY, AGED 25 YEARS, W/O.LATE VINCENT, KAITHAVALAPPIL HOUSE, CHELLANAM, KOCHI 8 2 DELVIN, AGED 6 YEARS, S/O.LATE VINCENT, MINOR, REP.BY MOTHER AND NEXT FRIEND DAISY, W/O.LATE VINCENT, DO DO. 3 SISHAN, AGED 5 YEARS, S/O.LATE VINCENT, MINOR, REP.BY MOTHER AND NEXT FRIEND DAISY, W/O.LATE VINCENT, DO DO. 4 MERSHEL AGED 11 YEARS, S/O.LATE VINCENT, MINOR, REP.BY MOTHER AND NEXT FRIEND DAISY, W/O.LATE VINCENT, DO DO. 5 ANNIE AGED 56 YEARS MOTHER OF LATE VINCENT, DO DO BY ADV V.A.OMANAKUTTAN MACA No.195 of 2021 2 2025:KER:30341 RESPONDENT/3RD RESPONDENT IN O.P.(M.V.) NO.254/2019 OF ADDL. MACT ERNAKULAM : ORIENTAL INSURANCE CO LTD, T.P.CLAIM CELL, REP.BY THE REGIONAL MANAGER, ORIENTAL MANAGER, ORIENTAL INSURANCE CO LTD., METRO PALACE, NORTH RAILWAY STATION ROAD, KOCHI 18 BY ADV SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.195 of 2021 3 2025:KER:30341 EASWARAN S., J. -------------------------------- M.A.C.A No.195 of 2021 ------------------------------------------ Dated this the 7th day of April, 2025 JUDGMENT The legal heirs of one Vincent, who died in a motor accident, have come up in the present appeal, dissatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Ernakulam, in O.P.(M.V) No.254 of 2019. 2. The brief facts necessary for the disposal of the appeal are as follows: On 23.9.2018 at 9 p.m., while Sri.Vincent, along with his friend was riding a scooter bearing temporary registration No. KL-39-N-9025 through the Chellanam-Pandykkudy road from south to north and when they reached near Companypady bus stop, a bus bearing registration No.KL-17-E-2231 driven by the 2nd respondent in the claim petition, came from the opposite direction went off its side and hit on the scooter driven by the deceased Vincent and both of them fell down on the road and sustained severe injuries. Though they were taken to medical college hospital later they succumbed to the injuries. The appellants contended that the deceased Vincent MACA No.195 of 2021 4 2025:KER:30341 was a Maison and also a fisherman and was earning a monthly income of Rs.30,000/-. The claim petition was considered along with another claim petition and Ext.A1 to A11 documents were marked on behalf of the claimants and Ext.B1 was marked on behalf of the respondents. The court exhibits were marked as Exts.X1 and X2. The tribunal found that the appellants could not successfully proved the income of the deceased Vincent and therefore proceeded to fix the notional income of the deceased at Rs.12,500/-, added 40% of the income towards the future prospects, and awarded a total compensation of Rs.29,24,500/- as follows: Heads Amount claimed Amount awarded Loss of estate 100000 15000 Transport to hospital 10000 5500 Damage to clothing 5000 1500 Compensation for love and affection 400000 Nil Funeral expenses 55000 15000 Treatment expenses 10000 NIL Compensation for loss of dependency 8400000 2677500 Compensation for pain and sufferings 100000 10000 Parental consortium NIL 120000 40000X3 (P2 to P4) Compensation for spousal consortium NIL 40000 P1 Filial consortium NIL 40000 P5 MACA No.195 of 2021 5 2025:KER:30341 Compensation for shortening of longevity and consortium 220000 NIL Total Claim is limited to Rs.35,00,000/- 93,00,000 29,24,500 3. I have heard Sri. V.A. Omanakuttan, the learned counsel appearing for the appellants and Sri. V.P.K. Panicker, the learned counsel appearing for the respondent insurance company. 4. On consideration of the rival submissions raised across the Bar, this Court finds that the appellants are entitled to succeed. The notional income fixed by the tribunal is, per se, unsustainable in the light of the decision of the Hon’ble Supreme Court in Angad Tiwari & Others Vs. National Insurance Co. Ltd. [Civil Appeal No.10950/2024 dated 1-10-2024] [2024 KHC OnLine 8590]. The State of Kerala, vide G.O.(P) No.56/2017/Fin. dated 28.4.2017, has fixed the minimum wage of a Coolie worker at Rs.17,325/-. In G.O.(P) No.71/2019/Labour dated 29.7.2019 the State of Kerala has fixed the daily wage for that of a Maison at Rs.820/- per day. However, it is pertinent to mention that the said notification takes effect only from 29.7.2019, whereas, in the present case, the date of the accident is 23.3.2018. Considering the time gap between the Government Order dated 28.4.2017 to 29.7.2019, this Court is of MACA No.195 of 2021 6 2025:KER:30341 the considered view that the appellants are entitled to have the income of the deceased Vincent fixed at Rs.18,000/- per month. 5. In the result the appeal is allowed as follows: Heads Amount awarded by this Court Amount awarded by the tribunal Enhanced compensation The income of the deceased is fixed at Rs.18,000/- While adding 40% of the amount towards future prospects the amount would come to Rs.25200/- (18000+7200) Loss of dependency Rs.38,55,600/- [Rs.25200x12x 17x3/4] Rs.26,77,500/- Rs.11,78,100/- Loss of estate 18,000 15,000 3000 Funeral expenses 18,000 15,000 3000 Pain and sufferings 25000 10000 15,000 Loss of consortium 2,40,000 (48000x5) 2,00,000 (120000+ 40000+40000) 40,000 Total 12,39,100 6. At this point of time, when this Court was about to grant 20% increase on the conventional heads following the decision of the Supreme Court in National Insurance Company Ltd. vs. Pranay Sethi [2017 (4) KLT 662 SC] and as applied by the Supreme Court in N. Jayasree and Others Vs Cholamandalam MS General Insurance Company Limited [2022 (14) SCC 712], the learned counsel for the insurance company raised vehement objection that the amount ordered by the tribunal has already been paid and MACA No.195 of 2021 7 2025:KER:30341 therefore, this Court cannot grant 20% (10+10) increase on the conventional heads. However, this Court finds that the said objection is grossly untenable in the light of the decision of the Supreme Court in Saroj vs. IFFCO General Insurance Company and Others [2024 KLT Online 2573] and in Rojalini Nayak and Others v. Ajith Sahoo and others [2024 KHC Online 8300]. Therefore, this Court has no hesitation to reject the aforesaid contention. 7. In the result, the appeal is allowed. The appellants are entitled to get an enhanced compensation of Rs.12,39,100/- (Rupees Twelve Lakh Thirty Nine Thousand One Hundred only ) as enhanced compensation with 8% interest per annum from the date of petition till realization with proportionate cost. The insurance company shall deposit the amount within a period of two months from the date of receipt of a copy of this judgment. Appeal ordered accordingly. Sd/- EASWARAN S. JUDGE NS