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.
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| 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/- |
|
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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
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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
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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
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