JUDGMENT :

[MACA Nos.4653/2019, 199/2023]

Focally, two main aspects are porpoised for decision by this Court in this Appeal, namely, what should be the notional income of a nonagenarian person who is killed in a road accident; and if his/her children – who are themselves senior citizens – can be granted compensation for “Loss of Parental Consortium”.

2. Among the two Appeals above -which have been heard together, since they emanate from the same Award of the Motor Accidents Claims Tribunal (‘Tribunal’, for short), Pathanamthitta -MACA No.4653/2019 has been filed by the New India Assurance Company Limited (‘Insurance Company’, for short), impugning it as being excessive; while MACA No.199/2023 has been filed by the claimants, contending to the contrary and seeking enhancement.

3. The constitutive facts involved in these cases are that late Kuttan Karutha was standing on the side of a main road, when he was knocked down by the offending vehicle driven in a rash and negligent manner, he being thus grievously injured. Though he was taken to a private hospital and then referred to the Medical College Hospital, Kottayam, he succumbed to the injuries later.

4. The claimants -children of the de