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    MOLLY THOMAS, v. NATIONAL INSURANCE COMPANY LTD.

    MACA No. 1880 of 2021

    1

    2025:KER:24777

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

    PRESENT

    THE HONOURABLE MR. JUSTICE EASWARAN S.

    FRIDAY, THE 14TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946

    MACA NO. 1880 OF 2021

    AGAINST THE ORDER/JUDGMENT DATED 30.08.2019 IN OPMV NO.1082

    OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA

    APPELLANTS/PETITIONERS:

    1 MOLLY THOMAS,

    AGED 60 YEARS

    W/O. THOMAS JOSEPH, KOCHUPURACKAL HOUSE, PARAMADA,

    MADUKKA P.O. KOTTAYAM DISTRICT 686 513.

    2 THOMAS JOSEPH @ ACHANKUNJU, S/O. JOSEPH, KOCHUPURACKAL HOUSE, PARAMADA, MADUKKA

    P.O. KOTTAYAM DISTRICT 686 513.

    3 JESSY JOSEPH,

    W/O. MONCY JOSEPH, KOCHUPURACKAL HOUSE, VATTACKATTUPADY, PERUMBAVUR-1, ERNAKULAM DISTRICT

    683 542.

    BY ADVS.

    MANUEL KACHIRAMATTAM

    MERRY GEORGE

    RESPONDENT/3RD RESPONDENT IN O.P.(M.V.):

    NATIONAL INSURANCE COMPANY LTD.,

    REPRESENTED BY ITS MANAGER, ABOVE S.B.I.

    ERATTUPETTA ROAD, PALA P.O. KOTTAYAM DISTRICT 686

    575.

    BY ADVS.

    P.G.JAYASHANKAR

    1

    P.K.RESHMA (KALARICKAL)

    REVATHY P. MANOHARAN

    S.RAJEEV (K/001711/2019)

    SAJANA V.H

    THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR

    ADMISSION ON 14.02.2025, THE COURT ON THE SAME DAY DELIVERED

    THE FOLLOWING:

    2

    EASWARAN S., J.

    ------------------------------------ MACA No. 1880 of 2021

    -------------------------------------- Dated this the 14th day of February, 2025

    JUDGMENT

    The legal heirs of the deceased Jaison Joseph are the appellants herein. On 07.09.2017, while late Jaison Joseph was riding a motorcycle bearing Reg. No. KL-67-4762 through Koruthodu-Mundakkayam public road, and when he reached near Paramada at Madukkakara, a car bearing Reg. No. KL-69/A-769 came in a rash and negligent manner and hit on the motorcycle. As a result of the accident, the deceased Jaison Joseph sustained serious injuries and succumbed to the same. Before the Tribunal, the legal heirs contented that the deceased Jaison Joseph was a construction worker and was earning a monthly income of Rs.20,000/-. In support of their contention, Exts.A1-A8 documents were produced. No oral or documentary evidence was adduced on the side of the Insurance Company. The Tribunal on appreciation of evidence found that the claimants were unsuccessful in proving the income of deceased Jaison Joseph and therefore proceeded to fixed income notionally at Rs.13,000/- and granted the following compensation.

    3

    Sl. No. Head of Claim Amount Claimed (Rs.) Amount Awarded (Rs.) Basic Vital details in a nut shell
    1. Loss of earnings 5,000/- .......
    2. Transport to hospital 30,000/- 5,000/-
    3. Medical expense 20,000/- .........
    4. Extra Nourishment 1,000/- ........
    5. Damage to clothing 2,000/- 1,000/-
    6. Pain and sufferings 2,00,000/- 1,00,000/- On a reasonable evaluation
    7. Funeral expenses 50,000/- 15,000/- National Insurance v. Pranay Sethi – 2017 (5) KHC 350 (SC)
    9. Loss of consortium to the first petitioner ........ 20,000/- 20,000/- National Insurance v. Pranay Sethi – 2017 (5) KHC 350 (SC)
    10. Compensation for loss of love and affection 2,00,000/- Not allowed .....
    11. Compensation for loss of dependency 55,00,000/- 18,56,400/-
    12. Loss of estate 3,00,000/- 15,000/- National Insurance v. Pranay Sethi – 2017 (5) KHC 350 (SC)
    Total Claim limited to 60 lakhs Rs.20,32,400/-

    4

    2. Heard, Manuel Kanchiramattam, learned counsel appearing for the appellant and Sri. P.G. Jayashankar, learned counsel appearing for the Standing Counsel. The only question to be considered by this Court in this appeal is the income fixed by the Tribunal in respect of late Jaison Joseph. It is now settled law that while fixing income in a claim petition under Section 166 of the Motor Vehicles Act, the Tribunal and the Courts are required to fix the same, not below the minimum wages was held to be true in the decisions of the Hon'ble Supreme Court in Angadi Tiwari & anr. v. National Insurance Company Ltd. in Civil Appeal No. 10950/2024 [2024 KHC 8590] and

    Jitendra v. Sadiya [2025 KHC OnLine 7101]. Going by G.O.(P). No.56/2017/Fin. dated 28.04.2017, the State of Kerala has fixed the Minimum Wages at Rs.17,325/- per month. Accordingly, this Court finds that notional income fixed, by the Tribunal at Rs.13,000/- cannot be sustained and accordingly the claimants/appellants are entitled to have the income of deceased Jaison Joseph, fixed at Rs.17,325/- adding 40% future prospects the said income comes to an amount of Rs.24,255/-.

    3. The learned counsel for the Insurance Company however pointed out that the Tribunal while granting the compensation has fixed the compensation for pain and sufferings at Rs.1,00,000/- which is on a higher side. However, this Court finds that there is no appeal preferred by the

    5

    Insurance Company. Going by decision of Hon'ble Supreme Court in Satya Prakash Dwivedi v. Munna & Ors [2022 KHC OnLine 3449], it is now settled that in an appeal for enhancement of compensation by the claimants, the High Court cannot reduce the compensation by accepting the contention of the Insurance Company.

    4. In the result, the claimants/appellants appeal is entitled to succeed. Therefore, the appeal is allowed and the appellants are entitled to enhance compensation as follows:

    Head of claim Amount Amount awarded by Enhanced

    awarded by this Court compensation

    the tribunal

    (Rs.) (Rs.) Loss of Dependency 18,56,400/- 24,74,010/- 6,17,610/- (24,255x12x17x1/2 )

    (24,74,010-

    18,56,400)

    15,000/- 18,000/- 3,000/- Funeral Expense

    (18,000-

    15,000)

    40,000/- 48,000/- 8,000/- Loss of Consortium (48,000-

    40,000)

    15,000/- 18,000/- 3,000/- Loss of Estate (18,000-

    15,000)

    Total enhanced 6,31,610/- compensation

    6

    5. Thus appellants are entitled for a total amount of Rs.6,31,610/- (Rupees Six Lakh Thirty One Thousand Six Hundred and Ten Only) which carry interest @ 8% per annum from 07.11.2017 till realization together with proportionate costs. While calculating interest, the appellants shall not be entitled for interest for a period of 109 days which is the period of delay in filing the appeal. The Insurance Company shall deposit the aforesaid amount within a period of 2 months from the date of receipt of copy of this Judgment.

    Sd/-

    EASWARAN S.,

    JUDGE

    sjb/14.02.2025

    7

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    MOLLY THOMAS, v. NATIONAL INSURANCE COMPANY LTD.
    (Feb 14, 2025)