BY AD vs CYRIAC KURIAN

Rs.25,000/- per month. In support of the contention, Exts.A1 to A16 documents were produced and marked. No evidence was adduced from the side of the Insurance Company. The Tribunal, however, on appreciation of evidence, found that the claimants could not adduce any evidence to show that the said Sabu was earning an income of Rs.25,000/- per month. Therefore, the Tribunal fixed the income notionally at Rs.12,000/- and granted the following compensation: Head of claim Sl. No. Amount claimed (₹.)s symbol is ₹.₹₹ Amount awarded (₹.)s Basic – vital details in nut shell 1 Loss of earnings NA 2 Transport to hospital 20000 ..... 5000 3 Medical expense 350000 305720 4 Extra nourishment 5 Damage to clothing 50000 5000 2500 1000 6 7 Pain and Suffering 942000 15000 Funeral expenses 50000 15000 On a reasonable evaluation National Insurance v. Pranay Sethi – (AIR 2017 SC 5157) MACA NO. 2301 OF 2021 5 8 Loss of consortium to 100000 40000 the petitioners. Magma General Insurance Co. Ltd Vs. Manu Ram @ Chuhru Ram) 9 Compensation for loss of love and affection 200000 Not allowed ......... 10 Compensation for loss 2208000 712800 of dependency 11 Loss of estate 25000 15000 Total Claim limited to 40 lakhs Rs.11,12,020/- National Insurance v. Pranay Sethi - (AIR 2017 SC 5157)

5. Heard Sri.Sujith Mathew Jose, learned Counsel appearing for the appellants, and Sri. P. Jacob Mathew, learned Counsel appearing for the Insurance Company.

6. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellants are entitled to succeed. The notional income fixed by the Tribunal at Rs.12,000/- is liable to be interdicted by this Court, in the light of principles laid down by the Supreme Court in Angad Tiwari and Another v. National Insurance Company Ltd. and Another [Civil Appeal No.10950/2024] dated 01.10.2024 [2024 KHC 8590]. MACA NO. 2301 OF 2021 6

7. In G.O.(P)No.56/2017/Fin, dated 28.04.2017, the State of Kerala has fixed the minimum wages under the provisions of the Minimum Wages Act. Going by the said notification, Rs.18,900/- per month is the minimum wage fixed for a driver. Thus, this Court finds that the appellants are entitled to have the income of the deceased Sabu fixed at Rs.18,900/-.

8. Insofar as the claim under the conventional heads is concerned, this Court finds that the deceased, Sabu, was admitted as an inpatient for 9 days and had undergone brain surgery also. Therefore, this Court is of the view that the claimants are entitled to an amount of Rs.25,000/- towards pain and suffering.

9. Similarly, under the head of loss of consortium, the perusal of the award shows that only the 1st claimant has been granted compensation. Since claimants 2 and 3 are the daughters of the deceased, Sabu, even though they are major, they are entitled to compensation under the head of loss of consortium. MACA NO. 2301 OF 2021 7

10. As an upshot of these discussions, this Court finds that the appellants are entitled to succeed. Accordingly, the appeal is allowed, and the appellants are entitled to enhanced compensation as follows; (a) The income of of the deceased Sabu is fixed at Rs.18,900 + 10% future prospects = Rs.20,790/-. (b) Pain and sufferings: Rs.10,000/- (Rs. 25,000/- – Rs. 15,000/-). (c) Funeral expenses: Rs.3,000/- (Rs. 18,000/- – Rs.15,000/-). (d)Loss of consortium: Rs.104000/- (Rs.1,44,000/- – Rs.40,000/-) (e) Loss of dependency:784080 (20790x12x9x2/3 – 7,12,800/-) (f) Loss of estate: Rs.3,000/- (Rs. 18,000/- – Rs.15,000/-). Thus, the appellants are entitled for a total amount of Rs. 904080/- (Rupees Nine Lakh Four Thousand Eighty only) as an enhanced compensation with interest at 8% from MACA NO. 2301 OF 2021 8

10.12.2018 till realisation and proportionate cost. The Insurance Company shall deposit the 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