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. 2244 OF 2021 AGAINST THE AWARD DATED 09.12.2020 IN OPMV NO.2253 OF 2018 OF ADDITIONAL MACT, ERNAKULAM APPELLANT/CLAIMANT: 1 PANKAJAKSHI AGED 61 YEARS,W/O.LATE PURUSHAN, KONICHIRA HOUSE, POOCHAKAL P.O., PANAVALLY VILLAGE, CHERTHALA TALUK, ALAPPUZHA - 688 526. 2 AJESH AGED 37 YEARS,S/O.LATE PURUSHAN, KONICHIRA HOUSE, POOCHAKKAL P.O., PANAVALLY VILLAGE, CHERTHALA TALUK, ALAPPUZHA - 688 526. 3 AJITHA AGED 35 YEARS,D/O.PURUSHAN, KARUNAKATTUVELI HOUSE, CHERTHALA NORTH P.O., ALAPPUZHA - 688 524. 4 ANITHA AGED 34 YEARS,D/O.PURUSHAN, THUMPAPARAMBIL HOUSE, K.K.PURAM, PALLIPPURAM - 688 541. 5 ANILA AGED 32 YEARS,D/O.PURUSHAN, PUNNAMPOOZHI HOUSE, THYKKATTUSSERY P.O., CHERTHALA P.O., ALAPPUZHA - 688 528. 6 ANJU AGED 30 YEARS,D/O.LATE PURUSHAN, KONICHIRA HOUSE, POOCHAKKAL P.O., PANAVALLY VILLAGE, CHERTHALA TALUK, ALAPPUZHA - 688 526. MACA No.2244/2021 2 RESPONDENT/2ND RESPONDENT: NATIONAL INSURANCE COMPANY LIMITED OMANA ARCADEM JEW STREET, ERNAKULAM - 682 035, REPRESENTED BY ITS DIVISIONAL MANAGER. BY ADV SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.2244/2021 3 EASWARAN S., J ..................................... MACA No.2244 of 2021 ...................................… Dated this the 28th day of March, 2025 This appeal arise out of the award passed by Addl. Motor Accidents Claims Tribunal, Ernakulam, in O.P(MV)No.2253/2018. 2. The brief facts necessary for the disposal of the appeal are as follows: This appeal is preferred by the legal heirs of late Purushan, who died in an accident on 15.03.2018 at about 8.30 a.m., while he was standing in front of a waiting shed at Aroor, a motorcycle bearing Reg.No.KL-32/F-5630 ridden in a rash and negligent manner came and hit the deceased. As a result of the accident, the victim sustained serious injuries. He was immediately taken to General Hospital, Ernakulam and from there he was referred to Medical College Hospital, Kottayam. Later he succumbed to the injuries while undergoing treatment on 05.04.2018. The claimant contended that the deceased victim was a Lottery Seller and was earning an amount of Rs.20,000/- per MACA No.2244/2021 4 month. In support of their contention, the claimants produced Exts.A1 to A6 documents, whereas the Insurance Company did not adduce any oral or documentary evidence. The Tribunal, on appreciation of evidence, found that the claimants could not have proved that the deceased was earning a monthly income of Rs.20,000/- and therefore proceeded to fix the notional income at Rs.11,500/- and granted the following compensation: Heads Amount claimed (in Rupees) Amount allowed (in Rupees) Loss of estate 40000 15000 Transport to hospital 10000 5500 Damage to clothing 5000 1500 Compensation for love and affection 100000 NIL Funeral expenses 25000 15000 Treatment expenses 70000 6641 Compensation for loss of dependency 500000 345000 Compensation for pain and sufferings 100000 25000 Parental consortium NIL 200000 40000x5(P2 to P6) Compensation for short expectation in life 50000 NIL Compensation for mental agony 100000 NIL Compensation for spousal consortium 240000 40000 P1 Total Claim is limited to Rs.12,40,000/- 12,40,000/- 6,53,641 3. However, while granting the aforesaid compensation, the Tribunal excluded appellants 2 to 6 on the premise that they are married son and daughters of deceased Purushan. However, MACA No.2244/2021 5 compensation for parental consortium was granted. Aggrieved by the aforesaid award, the claimants have approached this Court in the present appeal. 4. Heard, Sri.Manasy T. - learned counsel appearing for the claimants and Smt.Sarah Salvy – 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. Going by the principles laid down by the Hon’ble Supreme Court in Angad Tiwari and Another v. National Insurance Company Ltd. and Another [2024 KHC 8590], this Court finds that the claimant is entitled to have the income fixed in terms of the minimum wage notified by the State of Kerala. In G.O.(P)No.56/2017/Fin. dated 28.04.2017, the State of Kerala has notified the minimum wage as Rs.17,325/-. Therefore, this Court is of the considered view that an amount of Rs.17,325/- can be fixed as the monthly income of deceased Purushan. 6. As regards the claim of the appellants 2 to 6 in reckoning them towards the compensation for loss of dependency, this Court is of the view that the Tribunal erred egregiously in not reckoning them as dependents. 7. In National Insurance Company Ltd. v. Birender MACA No.2244/2021 6 and Others [(2020) 11 SCC 356], the Hon’ble Supreme Court held that even the married sons can be considered as the dependents of the deceased. In United India Insurance Company v. Shalumol [2021 (5) KHC 28], a learned Single Judge of this Court held that married daughters can also be reckoned as dependents. In view of the categoric pronouncement of law by the Hon’ble Apex Court and also by this Court, the inevitable conclusion is that the award of the Tribunal to the extent of not reckoning claimants 2 to 6 for the purpose of dependency compensation has to be interfered with. 8. On a further reading of the award, it is clear that the Tribunal also erred in deducting one half of the income towards personal expenses of the deceased. Since this Court has found that all the appellants are entitled to the dependency compensation and as they are six in numbers, only one fourth of the income can be deducted towards personal expenses. 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 Purushan is fixed at Rs.17,325/- MACA No.2244/2021 7 Compensation for loss of dependency 3,45,000/- 7,79,625/- [17325x12x5x3/4] 4,34,625/- [779625-345000] Funeral Expenses 15,000/- 18,000/- 3,000/- [18000-15000] Loss of estate 15,000/- 18,000/- 3,000/- [18000-15000] Parental Consortium 2,00,000/- 2,40,000/- [48000x5] 40,000/- [240000-200000] Compensation for spousal consortium 40,000/- 48,000/- 8,000/- Total enhanced amount of compensation 4,88,625/- Accordingly, the appellants/claimants are awarded an additional compensation of Rs.4,88,625/- (Rupees four lakhs eighty eight thousand six hundred twenty five 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 appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR