2025:KER:30111 MACA NO. 3562 OF 2021 1 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. 3562 OF 2021 AGAINST THE AWARD DATED 21.10.2021 IN OPMV NO.547 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA APPELLANT/PETITIONER: KUNJOOJAMMA MATHEW AGED 65 YEARS S/O M.C MATHEW, MUKKADU HOUSE, CHETHIPUZHA VILLAGE, VELOOR KARA, CHANGANASSERY TALUK, KOTTAYAM DISTRICT, KERALA-686 106. BY ADVS. THOMAS ABRAHAM (NILACKAPPILLIL) ABRAHAM THOMAS RESPONDENT/2ND RESPONDENT: THE MANAGER NEW INDIA ASSURANCE CO. LTD., PALA P.O.KOTTAYAM DISTRICT-686 575 BY ADV P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30111 MACA NO. 3562 OF 2021 2 EASWARAN S., J. ------------------------------------ MACA No.3562 of 2021 ------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The wife of deceased M.C.Mathew approached the Motor Accidents Claims Tribunal, Pala claiming compensation on account of the death of her husband in a road traffic accident on 28.3.2018. 2. The brief facts necessary for the disposal of the appeal are as follows: On 28.3.2018 at about 5 p.m. while the deceased M.C.Mathew was walking through Changanassery-Vazhoor road, and when he reached near Madukkamoodu junction, a motorcycle bearing registration No.KL-33/F-1031 ridden by the 1st respondent in the claim petition in a rash and negligent manner, hit against the deceased. As a result of the accident, late M.C.Mathew sustained severe injuries and he succumbed to it. 3. The claimant contended that the deceased M.C.Mathew was a businessman and was earning an amount of Rs.30,000/- per month. In support of her claim, Exts.A1 to A7 documents were 2025:KER:30111 MACA NO. 3562 OF 2021 3 produced. The insurance company did not adduce any oral or documentary evidence. 4. The tribunal, on appreciation of evidence, found that the claim of the appellant that the deceased Mathew was earning a monthly income of Rs.30,000/- was not proved and, accordingly, proceeded to fix his income notionally at Rs.11,500/- per month and granted the following compensation: Sl. No. Head of claim Amount Claimed (Rs.) Amount Awarded (Rs.) Basis Vital details in a nut shell 1 Loss of earnings NA NA 2 Transport to hospital 30000 2,000 3 Medical expenses 50,000 Not allowed 4 Damage to clothing 2000 1,000 5 Pain and sufferings 400000 15000 On a reasonable evaluation 6 Funeral expenses 50000 15000 (National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)] 7 Loss of consortium to the petitioner 1000000 40000 Magma General Insurance Co. Ltd. V. Manu Ram @ Chuhru Ram) 8 Compensation for loss of love and affection 1000000 Not allowed -- 9 Compensation for loss of dependency 1000000 3,45,000/- (National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)] and 2025:KER:30111 MACA NO. 3562 OF 2021 4 Sarala Verma’s case 10 Loss of estate 400000 15,000 (National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)] Total claim limited to Rs.30,00,000/- Rs.4,33,000/- 5. Heard Sri.Thomas Abraham (Nilackappillil), the learned counsel appearing for the appellant/claimant, and Sri.P.Muraleedharan, the learned counsel appearing for the insurance company. 6. On consideration of the rival submissions raised across the bar, this Court finds that the notional income fixed by the tribunal is on the lower side. In Angad Tiwari & Anr v. National Insurance Company Ltd. (Civil Appeal 10950 of 2024 decided on 1.10.2024 : 2024 KHC 8590), the Hon’ble Supreme Court held that the income of the deceased/claimant in a motor accident claim cannot be fixed below that of the minimum wage. In G.O.(P) No.56/2017/Fin dated 28.4.2017, the State of Kerala has fixed the minimum wage under the provisions of the Minimum Wages Act. Though in the aforesaid notification, the minimum wage fixed is at Rs.17,325/-, it is imperative for this Court to note the fact that the 2025:KER:30111 MACA NO. 3562 OF 2021 5 same is in respect of a coolie worker. Since the avocation of the deceased Mathew stands unequivocally proved in the absence of any contra evidence adduced on the side of the insurance company, this Court finds that while fixing the income of the deceased Mathew, it should be slightly above that of a coolie worker. Considering the facts in a wholesome perspective, this Court finds that the notional income of the deceased Mathew can be fixed at Rs.20,000/- per month. 7. Under the conventional heads, the claimant is entitled to 20% future prospects, going by the decisions of the Supreme Court in N.Jayasree and Others Vs. Cholamandalam M.S.General Insurance Company Ltd. (2022 (14) SCC 712), Rojalini Nayak Vs Ajith Sahoo and others (2024) 8 SCC 239) and Saroj Vs IFFCO-Tokio General Insurance Company (2024 KHC Online 6590). 8. As an upshot of these discussions, this Court finds that the appellant/claimant is entitled to succeed and accordingly, the appeal is allowed. The appellant/claimant is entitled to enhanced compensation as follows: (a) Income of the deceased is fixed at Rs.20,000/- per month 2025:KER:30111 MACA NO. 3562 OF 2021 6 (b) Loss of dependency : Rs.2,55,000/- (20,000x12x5x1/2 = 6,00,000– 3,45,000) (c) Funeral expenses : Rs.3,000/- (18000-15000) (d) Loss of estate : Rs.3,000/- (18000-15000) (e) Loss of consortium : Rs.8,000/- (48000-40000) Thus, an amount of Rs.2,69,000/- (Rupees two lakhs sixty nine thousand only) is awarded as the enhanced compensation to the appellant/claimant. The aforesaid amount shall carry interest @ 9% per annum from the date of the claim petition (5.6.2018) till the date of realisation, with proportionate costs on the enhanced amount. The insurance company shall deposit the said amount within a period of two months from the date of receipt of a copy of this judgment. Ordered accordingly. Sd/- EASWARAN S. JUDGE jg