2025 Supreme(Online)(Ker) 15717
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
Kunjoojamma Mathew – Appellant
Versus
The Manager New India Assurance Co. Ltd. – Respondent
MACA 3562/2021
For the Appellants/Petitioners: Thomas Abraham (Nilackappillil)
For the Respondents: P. Muraleedharan
Compensation for motor accident claims must adequately reflect the deceased's actual or realistic earning capacity.
Headnote:The judgment concerns an appeal against the Motor Accident Claims Tribunal's award, where the appellant claimed compensation for the death of her husband in a traffic accident. The tribunal initially fixed the notional income of the deceased at ₹11,500 per month, which the court found inadequate. Citing relevant precedents, especially the ruling in Angad Tiwari v. National Insurance Company, the court determined the deceased's income at ₹20,000 per month. The appellant was awarded enhanced compensation totaling ₹2,69,000 with 9% interest from the date of the claim petition until realization.
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| 1. final compensation includes all relevant expenses and interest. (Para 8) |
JUDGMENT
The wife of deceased M.C.Mathew approached the Motor Accidents Claims Tribunal, Pala claiming compensation on account of the death of her husband in a road traffic accident on 28.3.2018.
2. The brief facts necessary for the disposal of the appeal are as follows:
On 28.3.2018 at about 5 p.m. while the deceased M.C.Mathew was walking through Changanassery-Vazhoor road, and when he reached near Madukkamoodu junction, a motorcycle bearing registration No.KL-33/F-1031 ridden by the 1st respondent in the claim petition in a rash and negligent manner, hit against the deceased. As a result of the accident, late M.C.Mathew sustained severe injuries and he succumbed to it.
3. The claimant contended that the deceased M.C.Mathew was a businessman and was earning an amount of Rs.30,000/- per month. In support of her claim, Exts.A1 to A7 documents were produced. The insurance company did not adduce any oral or documentary evidence.
4. The tribunal, on appreciation of evidence, found that the claim of the appellant that the deceased Mathew was earning a monthly income of Rs.30,000/- was not proved and, accordingly, proceeded to fix his income notionally at Rs.11,500/- per month and granted the following compensation:
Sl. No.
Head of claim
Amount Claimed (Rs.)
Amount Awarded (Rs.)
Basis Vital details in a nut shell
1
Loss of earnings
NA
NA
2
Transport to hospital
30000
2,000
3
Medical expenses
50,000
Not allowed
4
Damage to clothing
2000
1,000
5
Pain and sufferings
400000
15000 On a reasonable evaluation
6
Funeral expenses
50000
15000 ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)]
7
Loss of consortium to the petitioner
1000000
40000 Magma General Insurance Co. Ltd. V. Manu Ram @ Chuhru Ram)
8
Compensation for loss of love and affection
1000000
Not allowed --
9
Compensation for loss of dependency
1000000
3,45,000/- ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)] and
Sarala Verma’s case
10
Loss of estate
400000
15,000 ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)]
Total claim limited to
Rs.30,00,000/-
Rs.4,33,000/-
Sl. No.
Head of claim
Amount Claimed (Rs.)
Amount Awarded (Rs.)
Basis Vital details in a nut shell
1
Loss of earnings
NA
NA
2
Transport to hospital
30000
2,000
3
Medical expenses
50,000
Not allowed
4
Damage to clothing
2000
1,000
5
Pain and sufferings
400000
15000 On a reasonable evaluation
6
Funeral expenses
50000
15000 ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)]
7
Loss of consortium to the petitioner
1000000
40000 Magma General Insurance Co. Ltd. V. Manu Ram @ Chuhru Ram)
8
Compensation for loss of love and affection
1000000
Not allowed --
9
Compensation for loss of dependency
1000000
3,45,000/- ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)] and
Sarala Verma’s case
10
Loss of estate
400000
15,000 ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)]
Total claim limited to
Rs.30,00,000/-
Rs.4,33,000/-
Sl. No.
Head of claim
Amount Claimed (Rs.)
Amount Awarded (Rs.)
Basis Vital details in a nut shell
1
Loss of earnings
NA
NA
2
Transport to hospital
30000
2,000
3
Medical expenses
50,000
Not allowed
4
Damage to clothing
2000
1,000
5
Pain and sufferings
400000
15000 On a reasonable evaluation
6
Funeral expenses
50000
15000 ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)]
7
Loss of consortium to the petitioner
1000000
40000 Magma General Insurance Co. Ltd. V. Manu Ram @ Chuhru Ram)
8
Compensation for loss of love and affection
1000000
Not allowed --
9
Compensation for loss of dependency
1000000
3,45,000/- ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC 350 (SC)] and
Sarala Verma’s case
10
Loss of estate
400000
15,000 ( National Insurance Co. v. Pranay Sethi [2017 (5) KHC