BY AD vs GEORGE MATHEWS

BY ADVS. GEORGE MATHEWS SRI.M.M.ANTO RESPONDENTS/RESPONDENTS 2 & 3: 1 2 SAJITHA.U W/O BHASKARA, VALLOOR HOUSE, KOLLAMPARA P.O., KASARAGOD DISTRICT, PIN-671 314. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, NILESHWAR SERVICE CO-OP BUILDING, N.H.ROAD, NILESHWAR, KASARAGOD DISTRICT-671 314. BY ADV P.K.MANOJKUMAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO. 951 OF 2021 3 EASWARAN S., J. ------------------------------------ MACA No.951 of 2021 ------------------------------------- Dated this the 28th day of March, 2025 J U D G M E N T The legal heirs of deceased Lakshmi T.V., who have approached this Court aggrieved by the award passed by the Additional Motor Accidents Claims Tribunal-I, Kasaragod in OP(MV) No.171/2018 dated 30.9.2019.

2. The brief facts necessary for the disposal of the appeal are as follows: On 9.4.2016, while the deceased Lakshmi T.V. was travelling in a Chevrolet Tavera vehicle bearing registration No.KL-60-F-2255 to Kozhikkode Airport and when the vehicle reached Keecheri bus stop in Pappinisseri Village, the driver of the vehicle due to high speed and negligent driving, lost control and thereby the vehicle capsized and rolled thrice in the middle of the road. As a result of the accident, the deceased and others sustained severe injuries. Though they were taken to AKG Hospital, Kannur and on the way to the hospital, Lakshmi succumbed to the injuries. MACA NO. 951 OF 2021 4

3. The claimants contended that the deceased was working under Maniyat Milk Producers Co-operative Society Ltd. and was earning Rs.15,000/- per month. In support of their contention, the claimants produced Exts.A1 to A4 documents. No oral or documentary evidence was adduced on the side of the insurance company.

4. The tribunal on appreciation of evidence, found that the claimants could not prove the income of the deceased Lakshmi and therefore, proceeded to fix her income notionally at Rs.7,000/- per month and granted the following compensation: Head of claim Amount claimed (in rupees) Amount allowed (in rupees) a b c d e f Part I Loss of earning power Partial loss of earning Transportation charges Extra nourishment -- -- -- -- 1,000/- 1,000/- -- -- Damage to clothing and articles 2,000/- 1,500/- Compensation for Medical expenses Compensation for bystanders expenses -- -- -- -- Compensation for funeral expense 30,000/- 15,000/- Compensation for love and affection Compensation for consortium (parental) -- -- 40,000/- 1,60,000/- g Compensation for pain and suffering 20,000/- 15,000/- MACA NO. 951 OF 2021 5 h i Compensation for loss of estate -- -- Compensation for loss of dependency 20,00,000/- 3,92,028/- Total 20,53,000/- Compensation for claim limited to 20,50,000/- Total petitioner compensation granted 6,24,528/- Aggrieved by the insufficiency in the grant of compensation, the claimants have approached this Court.

5. Heard Sri.George Mathews, learned counsel appearing for the appellants/claimants and Sri.P.K.Manoj Kumar, the learned counsel appearing for the insurance company.

6. On consideration of the rival submissions raised across the bar, this Court finds that the appellants are entitled to succeed.

7. In Kirti and Another Vs Oriental Insurance Company Ltd. [(2021) 2 SCC 166], the Hon’ble Supreme Court held that the income of a homemaker cannot be fixed in par with that of a coolie worker. From the averments contained in the application, it is revealed that the claimants have averred that the deceased Lakshmi was earning a monthly income of Rs.15,000/- and the said averment remains uncontroverted. MACA NO. 951 OF 2021 6

8. In Angad Tiwari & Anr v. National Insurance Company Ltd. (Civil Appeal 10950 of 2024 decided on

1.10.2024 : 2024 KHC 8590), the Hon’ble Supreme Court held that the income of the deceased in a motor accident claim cannot be fixed below that of the minimum wage. In G.O.(P) No.56/2017/Fin dated 28.4.2017, the State of Kerala has fixed the minimum wage under the provisions of the Minimum Wages Act. However, the aforesaid notification issued by the State of Kerala under the provisions of the Minimum Wages Act took effect only from 1.4.2017 and that since the accident in the present case occurred on 9.4.2016, this Court finds that the claimants are not entitled to get the benefit of the said notification. However, since the averment contained in the claim petition remains controverted, it becomes imperative for this Court to fix the income of the deceased as claimed by the appellants before the tribunal. Thus, the income of the deceased Lakshmi is fixed at Rs.15,000/- per month.

9. If the structured compensation granted by the tribunal is closely scrutinized by this Court, it can be seen that the compensation granted by the tribunal under the head love and affection cannot be MACA NO. 951 OF 2021 7 sustained. But, at the same time, the tribunal has not awarded any compensation under the head loss of estate. Therefore, it becomes imperative for this Court to modify the award passed by the tribunal .

10. Hence, the appeal is allowed. The appellants are entitled to enhanced compensation as follows: a) Loss of estate : Rs.18,000/- (15,000+3,000) b) Loss of Consortium : Rs.32,000/-(1,92,000-1,60,000) c) Funeral expenses : Rs.3,000/- (18,000-15,000) d) Loss of dependency : Rs.4,47,972/- (15,000x12x7x2/3= 8,40,000 – 3,92,028) e) Love and affection : Rs.40,000/- (to be deleted) Total enhancement: Rs.4,60,972/- [5,00,972-40,000] Thus, a total amount of Rs.4,60,972/- (Rupees Four Lakhs Sixty Thousand Nine Hundred and Seventy Two Only) is awarded as the enhanced compensation to the appellants/claimants. The aforesaid amount shall carry interest @ 9% per annum from the date of the claim petition (01.02.2018) till the date of realisation, with proportionate costs on the enhanced amount. While calculating interest, the appellants shall not be entitled to interest for a period of MACA NO. 951 OF 2021 8 404 days, which is the delay caused in preferring the appeal. The insurance company shall deposit the said amount within a period of two months from the date of receipt of a copy of this judgment. Ordered accordingly. Sd/- EASWARAN S. JUDGE