The High Court · 2025
Case Details
Cited in this judgment
4. Heard, Sri.Manasy T. - learned counsel appearing for the claimants and Smt.Sarah Salvy – learned counsel appearing for the Insurance Company.
5. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellants are entitled to succeed. Going by the principles laid down by the Hon’ble Supreme Court in Angad Tiwari and Another v. National Insurance Company Ltd. and Another [2024 KHC 8590], this Court finds that the claimant is entitled to have the income 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/-. Therefore, this Court is of the considered view that an amount of Rs.17,325/- can be fixed as the monthly income of deceased Purushan.
6. As regards the claim of the appellants 2 to 6 in reckoning them towards the compensation for loss of dependency, this Court is of the view that the Tribunal erred egregiously in not reckoning them as dependents.
7. In National Insurance Company Ltd. v. Birender MACA No.2244/2021 6 and Others [(2020) 11 SCC 356], the Hon’ble Supreme Court held that even the married sons can be considered as the dependents of the deceased. In United India Insurance Company v. Shalumol [2021 (5) KHC 28], a learned Single Judge of this Court held that married daughters can also be reckoned as dependents. In view of the categoric pronouncement of law by the Hon’ble Apex Court and also by this Court, the inevitable conclusion is that the award of the Tribunal to the extent of not reckoning claimants 2 to 6 for the purpose of dependency compensation has to be interfered with.
8. On a further reading of the award, it is clear that the Tribunal also erred in deducting one half of the income towards personal expenses of the deceased. Since this Court has found that all the appellants are entitled to the dependency compensation and as they are six in numbers, only one fourth of the income can be deducted towards personal expenses. As an upshot of these discussions, the appellants are entitled to succeed. The appeal is thus allowed and the appellants are entitled for enhanced compensation as follows: Heads Amount awarded by the Tribunal Total compensation awarded in appeal Enhanced amount of compensation Notional income of deceased Purushan is fixed at Rs.17,325/- MACA No.2244/2021 7 Compensation for loss of dependency 3,45,000/- 7,79,625/- [17325x12x5x3/4] 4,34,625/- [779625-345000] Funeral Expenses 15,000/- 18,000/- Loss of estate 15,000/- 18,000/- Parental Consortium 2,00,000/- Compensation for spousal consortium 40,000/- 2,40,000/- [48000x5] 48,000/- 3,000/- [18000-15000] 3,000/- [18000-15000] 40,000/- [240000-200000] 8,000/- Total enhanced amount of compensation 4,88,625/- Accordingly, the appellants/claimants are awarded an additional compensation of Rs.4,88,625/- (Rupees four lakhs eighty eight thousand six hundred twenty five only) over and above the compensation awarded by the Tribunal with interest @8% per annum from the date of petition till realization together with proportionate costs. The Insurance Company is directed to deposit the aforesaid amount within a period of two months from the date of receipt of a copy of this judgment. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR
4. Heard, Sri.Manasy T. - learned counsel appearing for the claimants and Smt.Sarah Salvy – learned counsel appearing for the Insurance Company.
5. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellants are entitled to succeed. Going by the principles laid down by the Hon’ble Supreme Court in Angad Tiwari and Another v. National Insurance Company Ltd. and Another [2024 KHC 8590], this Court finds that the claimant is entitled to have the income 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/-. Therefore, this Court is of the considered view that an amount of Rs.17,325/- can be fixed as the monthly income of deceased Purushan.
6. As regards the claim of the appellants 2 to 6 in reckoning them towards the compensation for loss of dependency, this Court is of the view that the Tribunal erred egregiously in not reckoning them as dependents.
7. In National Insurance Company Ltd. v. Birender MACA No.2244/2021 6 and Others [(2020) 11 SCC 356], the Hon’ble Supreme Court held that even the married sons can be considered as the dependents of the deceased. In United India Insurance Company v. Shalumol [2021 (5) KHC 28], a learned Single Judge of this Court held that married daughters can also be reckoned as dependents. In view of the categoric pronouncement of law by the Hon’ble Apex Court and also by this Court, the inevitable conclusion is that the award of the Tribunal to the extent of not reckoning claimants 2 to 6 for the purpose of dependency compensation has to be interfered with.
8. On a further reading of the award, it is clear that the Tribunal also erred in deducting one half of the income towards personal expenses of the deceased. Since this Court has found that all the appellants are entitled to the dependency compensation and as they are six in numbers, only one fourth of the income can be deducted towards personal expenses. As an upshot of these discussions, the appellants are entitled to succeed. The appeal is thus allowed and the appellants are entitled for enhanced compensation as follows: Heads Amount awarded by the Tribunal Total compensation awarded in appeal Enhanced amount of compensation Notional income of deceased Purushan is fixed at Rs.17,325/- MACA No.2244/2021 7 Compensation for loss of dependency 3,45,000/- 7,79,625/- [17325x12x5x3/4] 4,34,625/- [779625-345000] Funeral Expenses 15,000/- 18,000/- Loss of estate 15,000/- 18,000/- Parental Consortium 2,00,000/- Compensation for spousal consortium 40,000/- 2,40,000/- [48000x5] 48,000/- 3,000/- [18000-15000] 3,000/- [18000-15000] 40,000/- [240000-200000] 8,000/- Total enhanced amount of compensation 4,88,625/- Accordingly, the appellants/claimants are awarded an additional compensation of Rs.4,88,625/- (Rupees four lakhs eighty eight thousand six hundred twenty five only) over and above the compensation awarded by the Tribunal with interest @8% per annum from the date of petition till realization together with proportionate costs. The Insurance Company is directed to deposit the aforesaid amount within a period of two months from the date of receipt of a copy of this judgment. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR