Usha Sabu, Chinchu Sabu and Chinnu Sabu v. The Oriental Insurance Company Ltd.

``` 2025:KER:25900 ``` ``` MACA NO. 2301 OF 2021 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 1 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE EASWARAN S. ``` ``` WEDNESDAY, THE 19[TH] DAY OF MARCH 2025/ 28TH PHALGUNA, 1946 ``` ``` MACA NO. 2301 OF 2021 ``` ``` AGAINST THE ORDER/JUDGMENT DATED 28.04.2021 IN OP(MV) NO.1284 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA. ``` ## `APPELLANT/PETITIONERS/CLAIMANTS:` ``` 1USHA SABU AGED 48 YEARS W/O.DECEASED SABU A.V. @ G.V.SABU, ILLAVUNKAL HOUSE, PULIKUNNU BHAGOM, KARINILAM P.O., ERUMELI NORTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, KERALA - 686 513. ``` ``` 2CHINCHU SABU D/O.DECEASED SABU A.V. @ G.V.SABU, AGED 27 YEARS, ILAVUNKAL HOUSE, PULIKUNNU BHAGOM, KARINILAM P.O., ERUMELI NORTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, KERALA - 686 513. ``` ``` 3CHINNU SABU AGED 25 YEARS D/O.DECEASED SABU A.V. @ G.V.SABU, ILAVUNKAL HOUSE, PULIKUNNU BHAGOM, KARINILAM P.O., ERUMELI NORTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, KERALA - 686 513. ``` ``` BY ADVS. CYRIAC KURIAN SUJITH MATHEW JOSE ``` ``` 2025:KER:25900 ``` **==> picture [58 x 57] intentionally omitted <==** ``` MACA NO. 2301 OF 2021 ``` ``` 2 ``` ## `RESPONDENT/3RD RESPONDENT IN OP(MV):` ``` THE ORIENTAL INSURANCE COMPANY LTD. REP. BY ITS DIVISIONAL MANAGER, TRIO CHAMBERS KANJIKKUZHI, KOTTAYAM, PIN - 686 004. ``` ``` BY ADV P.JACOB MATHEW ``` ``` THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2025:KER:25900 ``` ``` MACA NO. 2301 OF 2021 ``` ``` 3 ``` **==> picture [58 x 57] intentionally omitted <==** ## **JUDGMENT** ## **Dated this the 19[th] day of March, 2025** The appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Pala, in O.P.(M.V.) No. 1284 of 2018. 2. The brief facts necessary for the disposal of the appeal are as follows; 3. The legal heirs of one Sabu A.V. approached the Motor Accidents Claims Tribunal, claiming the compensation on account of the death of Sabu A.V. On 04.09.2018, at 07:15 am, while he was walking through Perumbavoor MC road after parking his lorry and when he crossed to the Perumbavoor Reliance Pump, a Qualis car bearing registration No.KL-05-M-5953 driven in a rash and negligent manner came and hit the deceased. As a result of the accident, Sabu A.V. sustained severe injuries and was taken to San Joe Hospital, Perumbavoor, and later referred to the Medical Trust Hospital, Ernakulam. While undergoing ``` 2025:KER:25900 ``` ``` MACA NO. 2301 OF 2021 ``` ``` 4 ``` **==> picture [58 x 57] intentionally omitted <==** treatment, he succumbed to his injuries on 13.09.2018. 4. The claimants contended that the deceased, Sabu, was a heavy lorry driver and was earning an income of 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: |Sl.<br>No.|Head of claim|Amount<br>claimed<br>(₹.)s<br>symbol is<br>₹.₹₹|Amount awarded<br>(₹.)s|Basic – vital details<br>in nut shell| |---|---|---|---|---| |1|Loss of earnings|NA|.....|| |2|Transport to hospital|20000|5000|| |3|Medical expense|350000|305720|| |4|Extra nourishment|50000|2500|| |5|Damage to clothing|5000|1000|| |6|Pain and Suffering|942000|15000|On a reasonable<br>evaluation| |7|Funeral expenses|50000|15000|National Insurance<br>v. Pranay Sethi –<br>(AIR 2017 SC 5157)| ``` 2025:KER:25900 ``` ``` MACA NO. 2301 OF 2021 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 5 ``` |8|Loss of consortium to<br>the petitioners.|100000|40000|Magma<br>General<br>Insurance Co. Ltd<br>Vs. Manu Ram @<br>Chuhru Ram)| |---|---|---|---|---| |9|Compensation for loss<br>of love and affection|200000|Not allowed|.........| |10|Compensation for loss<br>of dependency|2208000|712800|| |11|Loss of estate|25000|15000|National Insurance<br>v. Pranay Sethi -<br>(AIR 2017 SC 5157)| ||**Total Claim limited to**|**40 lakhs**|**Rs.11,12,020/-**|| 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]. ``` 2025:KER:25900 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 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 1[st] 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. ``` 2025:KER:25900 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 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 ``` 2025:KER:25900 ``` **==> picture [58 x 57] intentionally omitted <==** ``` MACA NO. 2301 OF 2021 ``` **==> picture [45 x 8] intentionally omitted <==** 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** mea