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EASWARAN S.
National Insurance Company Limited Hospital – Appellant
Versus
Prashanth(Died) – Respondent
JUDGMENT :
The appeal is preferred by the Insurance Company aggrieved by the Award dated 31.03.2021 in O.P.(MV)No.1707 of 2017 on the files of the IVth Additional Motor Accidents Claims Tribunal, Kollam.
2. The brief facts for the disposal of the appeal are as follows: The respondents 1 and 2 are the claimants in O.P.(MV)No.1707 of 2017. The 2nd respondent is the mother of deceased Prasanth. On 17.06.2017 at 5 p.m, when Prasanth was travelling on a motorcycle bearing Registration No.KL-02-AX-4851 from west to east direction through Puthakulam - Oonninmoodu Junction, he fell down due to the veer off his motorcycle. In the meantime, another motorcycle bearing Registration No.KL-02-Z-9662 driven by the 2nd respondent/4th respondent in the appeal in a rash and negligent manner came from east to west direction and hit the victim and ran over through his neck. Though Prasanth was taken to Medical College at Parippally, he was shifted to Ananthapuri Hospital for a specialised treatment. Later he was admitted to Medical College Hospital, Kollam, on 29.07.2017 and treated there as an inpatient up to 16.09.2017 and on 16.01.2018, he died due to the grievous injuries sustained in the accident.
The court affirmed that notional income for compensation should reflect wages in the country of employment, not local rates, and clarified that mere overtaking does not imply negligence.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
Point of law: “Whether the multiplier should depend on the age of the dependents or that of the deceased has been hanging fire for sometime
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
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