Daisy, Vs Oriental Insurance Co. Ltd.

MACA No.195 of 2021 1 2025:KER:30341

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE EASWARAN S.

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MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

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MACA NO. 195 OF 2021

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AGAINST THE AWARD DATED 20.10.2020 IN O.P.(M.V.) NO.254 OF

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2019 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM

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APPELLANTS/PETITIONERS IN O.P.(M.V.) NO.254/2019

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OF ADDL. MACT ERNAKULAM :

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1 DAISY,
AGED 25 YEARS, W/O.LATE VINCENT,
KAITHAVALAPPIL HOUSE,
CHELLANAM, KOCHI 8

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2 DELVIN, AGED 6 YEARS, S/O.LATE VINCENT, MINOR, REP.BY MOTHER AND NEXT FRIEND DAISY, W/O.LATE VINCENT, DO DO.

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3 SISHAN, AGED 5 YEARS, S/O.LATE VINCENT, MINOR, REP.BY MOTHER AND NEXT FRIEND DAISY, W/O.LATE VINCENT, DO DO.

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4 MERSHEL
AGED 11 YEARS, S/O.LATE VINCENT,
MINOR, REP.BY MOTHER AND
NEXT FRIEND DAISY,
W/O.LATE VINCENT, DO DO.

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5 ANNIE
AGED 56 YEARS
MOTHER OF LATE VINCENT,
DO DO

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BY ADV V.A.OMANAKUTTAN

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MACA No.195 of 2021 2 2025:KER:30341

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RESPONDENT/3RD RESPONDENT IN O.P.(M.V.) NO.254/2019

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OF ADDL. MACT ERNAKULAM :

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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

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BY ADV SRI.VPK.PANICKER

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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

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Dated this the 7^th day of April, 2025

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JUDGMENT

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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.

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The brief facts necessary for the disposal of the appeal are as follows:

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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

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to north and when they reached near Companypady bus stop, a bus bearing registration No.KL-17-E-2231 driven by the 2^nd 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

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MACA No.195 of 2021 4 2025:KER:30341

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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:

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Heads	Amount claimed	Amount awarded
Loss of estate	100000	15000
Transport tohospital	10000	5500
Damage to clothing	5000	1500
Compensation for love and affection	400000	Nil
Funeralexpenses	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 (P2toP4)
Compensation for spousal consortium	NIL	40000	P1
Filial consortium	NIL	40000	P5

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MACA No.195 of 2021

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5 2025:KER:30341

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Compensation for shortening of longevity and consortium	220000	NIL
Total Claim is limited to Rs.35,00,000/-	93,00,000	29,24,500

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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.

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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

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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

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MACA No.195 of 2021 6 2025:KER:30341

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the considered view that the appellants are entitled to have the income of the deceased Vincent fixed at Rs.18,000/- per month.

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5. In the result the appeal is allowed as follows:

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Heads	Amount awarded by this Court	Amount awarded by the tribunal	Enhanced compensation
The income of the d While adding 40% of would come to Rs.2	eceased is fixed a the amount towa 5200/- (18000+72	t Rs.18,000/- rds future prosp 00)	ects the amount
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

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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

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MACA No.195 of 2021 7 2025:KER:30341

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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.

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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.

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Appeal ordered accordingly.

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Sd/-

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EASWARAN S. JUDGE

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NS

Daisy, v. Oriental Insurance Co. Ltd.

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Daisy, v. Oriental Insurance Co. Ltd.

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