2025:KER:30699 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 MACA NO. 1000 OF 2021 AGAINST THE AWARD DATED 27.08.2020 IN OPMV NO.2835 OF 2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR APPELLANTS/PETITIONERS: 1 P. K. JOSEPH AGED 75 YEARS PERINCHERY HOUSE, SANKARAPURAM ROAD, P. O. MULAMKUNNATHKAVU, THRISSUR. 2 NIRMALA JOSEPH AGED 69 YEARS W/O. JOSEPH, PERINCHERY HOUSE, SANKARAPURAM ROAD, P. O. MULAMKUNNATHKAVU, THRISSUR. 3 LIGHTY JOSEPH AGED 41 YEARS D/O. JOSEPH, PERINCHERY HOUSE, SANKARAPURAM ROAD, P. O. MULAMKUNNATHKAVU, THRISSUR. 4 LIGY JOSEPH AGED 38 YEARS D/O. JOSEPH, PERINCHERY HOUSE, SANKARAPURAM ROAD, P. O. MULAMKUNNATHKAVU, THRISSUR. 5 KEERTHI JOSEPH AGED 29 YEARS D/O. JOSEPH, PERINCHERY HOUSE, SANKARAPURAM ROAD, P. O. MULAMKUNNATHKAVU, THRISSUR. BY ADV SHEJI P.ABRAHAM MACA No.1000/2021 2 2025:KER:30699 RESPONDENT S / RESPONDENTS : 1 VARGHESE JOHNY S/O. VARKEY, MANGARATHIL HOUSE, KALIYA ROAD, CHELAKKARA P. O., THRISSUR - 680586. 2 SUNIL P. MOSA S/O. MOSA, PANAKKAL HOUSE, P. O. VENNUR, PAZHAYANNUR, THRISSUR - 680 587. 3 THE NEW INDIA ASSURANCE COMPANY LTD. KOLLANNUR DEVASSY SMARAK BUILDING, PALACE ROAD, THRISSUR - 680 020, REPRESENTED BY ITS BRANCH MANAGER. BY ADV SMT.P.LISSY JOSE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.1000/2021 3 2025:KER:30699 EASWARAN S., J ..................................... MACA No.1000 of 2021 ...................................… Dated this the 28th day of March, 2025 JUDGMENT The appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Thrissur, in OP(MV)No.2835/2012. 2. The brief facts necessary for the disposal of the appeal are as follows: The appellants are the legal heirs of deceased Kiran Joseph. The appellants 1 and 2 are the father and mother, whereas appellants 3 to 5 are the siblings of the deceased. Deceased Kiran Joseph was a Diploma Holder in Mechanical Engineering, who died in a road traffic accident on 31.10.2012, while he was driving a motorcycle and when he reached Kolazhi Karama Bus Stop, a bus bearing Reg.No.KL-08-Q-4311 came in a rash and negligent manner and hit against his motorcycle. Deceased Kiran Joseph was thrown to the road and sustained severe injuries. He was taken to the hospital but succumbed to the injuries. The appellants contended that the deceased was MACA No.1000/2021 4 2025:KER:30699 earning a monthly income of Rs.25,000/-. In support of their contention, Exts.A1 to A10 documents were produced. On behalf of the Insurance Company, Exts.B1 to B3 documents were produced. The Tribunal, on appreciation of evidence, found that the appellants could not prove the income of deceased Kiran Joseph and proceeded to fix the income at Rs.6,500/- per month as per Ext.A10, which is the salary certificate showing the income as Rs.6,500/- as an Apprentice and granted the following compensation: Sl. No. Head of Claim Amount Claimed Amount Awarded 1 Transport to hospital including ambulance charge 15,000 4,000 2 Damage to clothing etc. 10,000 1,000 3 Funeral Expenses 30,000 15,000 4 Compensation for pain and suffering 1,00,000 10,000 5 Compensation for loss of estate 1,00,000 15,000 6 Compensation for loss of dependency 15,00,000 9,82,800 7 Medical expenses 30,000 --- 8 Compensation for loss of love and affection 1,00,000 60,000 9 Loss of consortium to petitioners 1 and 2 1,00,000 80,000 10 Loss of earning Partial loss of earning 30,000 20,000 --- 11 Personal assistance 10,000 --- 12 Extra nourishment 5,000 --- 13 Compensation for future prospects 10,00,000 --- Total Claim limits to 30,50,000 25,00,000 11,67,800 MACA No.1000/2021 5 2025:KER:30699 3. Aggrieved by the insufficiency in the grant of compensation, the appellants have approached this Court. 4. Heard, Sri.Sheji P. Abraham – learned counsel appearing for the appellants and Smt.P.Lissy Jose – learned counsel appearing for the Insurance Company. 5. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellants are entitled to succeed. 6. It is true that under Ext.A10, the salary earned by deceased Kiran Joseph as an Apprentice is shown as Rs.6,500/- per month. However, this Court is of the definite view that the salary drawn by deceased Kiran Joseph as an Apprentice could not have formed basis for fixation of the income, for the purpose of calculating dependency compensation. Considering the educational qualification and also the job prospects as a Diploma Holder of Mechanical Engineering, it is not possible for this Court to sustain the findings of the Tribunal. Going by ground realities, also the job prospects of a Diploma Holder in Mechanical Engineering, this Court is of the considered view that the income of deceased Kiran Joseph can be fixed at Rs.13,500/- on a notional basis. MACA No.1000/2021 6 2025:KER:30699 7. Under the conventional heads also the appellants 1 and 2 are entitled to get 20% future propects, going by the decision of the Hon’ble Supreme Court in N.Jayasree v. Cholamandalam Ms General Insurance Company Ltd. [(2022) 14 SCC 712], and Rojalini Nayak and Others v. Ajit Sahoo and Others [2024 INSC 584] and Saroj vs Iffco-Tokio General Insurance Company Ltd. [2024 INSC 816]. 8. On a further reading of the award of the Tribunal, it is evident that as regards claimants 2 to 5, the Tribunal has granted only an amount of Rs.60,000/- under the head loss of love and affection, whereas they are entitled to get compensation of Rs.40,000/- each. As an upshot of these discussions, the appellants are entitled to succeed. The appeal is thus allowed and the appellants are entitled for enhanced compensation as follows: Heads Amount awarded by the Tribunal Total compensation awarded in appeal Enhanced amount of compensation Notional income of deceased Kiran Joseph is fixed at Rs.13,500/-. Adding 40% future prospects, the income would come to Rs.18,900 Funeral Expenses 15,000/- 18,000/- 3,000/- [18000-15000] Compensation for pain and suffering 10,000/- 15,000/- 5,000/- [15000-10000] Compensation for loss of love and 60,000/- 1,20,000/- [40000x3] 60,000/- MACA No.1000/2021 7 2025:KER:30699 affection Compensation for loss of estate 15,000/- 18,000/- 3,000/- [18000-15000] Loss of consortium to petitioners 1 and 2 80,000/- 96,000/- [48000x2] 16,000/- [96000-80000] Compensation for loss of dependency 9,82,800/- 20,41,200/- [18900x12x18x1/2] 10,58,400/- [2041200-982800] Total enhanced amount of compensation 11,45,400/- Accordingly, the appellants/claimants are awarded an additional compensation of Rs.11,45,400/- (Rupees Eleven lakhs forty five thousand four hundred only) over and above the compensation awarded by the Tribunal with interest @8% per annum from the date of petition till realization together with proportionate costs. The Insurance Company is directed to deposit the aforesaid amount within a period of two months from the date of receipt of a copy of this judgment. The amount shall be apportioned in the ratio of 30:40:10:10:10 among the claimants, as ordered by the Tribunal. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR