IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

THURSDAY, THE 6^TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 MACA NO. 2130 OF 2021 AGAINST THE AWARD DATED 25.08.2020 IN OPMV NO.1086 OF

2017 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA APPELLANTS/PETITIONERS:

1 VILASINI AGED 63 YEARS W/O. LATE VASU, KOCHUPURACKAL COLONY, EDAVETTOM P.O, EDAVETTOM, KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT – 686605.

2 SHINI V AGED 38 YEARS W/O. SURESH, KOCHUPURACKAL COLONY, EDAVETTOM P.O, EDAVETTOM, KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT – 686605.

BY ADV THOMAS ABRAHAM (NILACKAPPILLIL)

RESPONDENT/3RD RESPONDENT:

THE MANAGER NEW INDIA ASSURANCE CO.LTD, MUNICIPAL COMPLEX, PALA, KOTTAYAM DISTRICT - 686575.

BY ADV M.HEMALATHA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

EASWARAN S., J.

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MACA No.2130 of 2021 ----------------------------------------------------------

Dated this the 6^th day of March, 2025

JUDGMENT

The appeal arises out of the award passed by the Motor Accident Claims Tribunal, Pala, in O.P.(MV) No.1086/2017.

2. The brief facts necessary for the disposal of the appeal are as follows:

The appeal is preferred by the legal heirs of one Vasu, who died in a road traffic accident on 11.10.2017 at 7.30 AM in front of Girls High School, Thalayolaparambu, on Thalayolaparambu – Kottayam Public Road. The deceased Vasu was riding a bicycle when he was struck down by a KSRTC bearing Reg.No.KL 15 6824. The claimants contended that the deceased Vasu was a daily wage labourer drawing a monthly income of Rs.25,000/-. In support of their claim, the claimants produced Exts.A1 to A7 documents and the first claimant was examined as PW1. The Insurance Company produced Ext.B1, which is a copy of the stage carriage permit. The Tribunal, on appreciation of evidence, found that the claimants could not prove that deceased Vasu was earning a monthly of income Rs.25,000/-. Therefore, the Tribunal proceeded to fix the notional income of the deceased Vasu at Rs.9,500/-. Although the Tribunal reckoned the 2^nd claimant as the legal heir of deceased Vasu, did not grant any compensation under the head loss of consortium.

3. Aggrieved by the insufficiency in the grant of compensation, the appellants have approached this Court in the present appeal.

4. Heard, Sri.Thomas Abraham (Nilackappillil) - learned counsel appearing on behalf of the appellants and Smt.M.Hemalatha – learned counsel appearing for the Insurance Company.

5. On a consideration of the rival submissions raised across the Bar, this Court finds that the fixation of the notional income by the Tribunal is erroneous. Going by the principles laid down by the Hon’ble Supreme Court in Angad Tiwari and Another v. National Insurance Company Ltd. and Another [Civil Appeal No.10950/2024] [2024 KHC 8590], this Court finds that the claimants are entitled to have the income of deceased Vasu fixed in terms of the minimum wage notified by the State of Kerala. In G.O.(P)No.56/2017/Fin. dated 28.04.2017, the State of Kerala has notified the minimum wage as Rs.17,325/-. Hence, this Court finds that the appellants are entitled to have the income of deceased Vasu fixed at Rs.17,325/-.

6. As regards the claim under the head loss of consortium, this Court finds that going by the decision of the Hon’ble Supreme Court in National Insurance Company Ltd. v. Birender and Others [(2020) 11 SCC 356], married and earning daughters of the deceased, being legal representatives, are also entitled for the benefit under the head loss of consortium, and the Tribunal must consider the application, irrespective of whether the representatives are fully dependent on the deceased or not. In Seema Rani and Others v Oriental Insurance Company Ltd. and Others [Civil Appeal No.2323/2025, decided on 11.02.2025, arising out of SLP(C)No. 444 of 2025], the Hon’ble Sup