Legal Heirs Entitled To Get Reasonable Compensation Under Head “Pain And Suffering”- Kerala HC Enhances Compensation In Motor Accident Case

The Kerala High Court enhanced an amount of compensation being awarded to the legal heirs of a deceased person in a motor accident case.

The Court was dealing with a Motor Accident Claims Appeal filed by the legal heirs of the deceased in a motor vehicle accident case that occurred in 2009.

A Single Bench of Justice C. Pratheep Kumar observed, “In Pushkar Mehra v. Brij Mohan Kushwaha and Others, 2015 KHC 4889 in a case of death of the victim on the spot, Rs.25,000/- was awarded for pain and suffering. Therefore, in the light of the above decisions and the provisions of the Act of 1977, I hold that in this case also the petitioners are entitled to get reasonable compensation under the head pain and suffering. Considering the facts I hold that a compensation of Rs.1,00,000/- will be a reasonable compensation for pain and suffering in this case.”

Advocate Anupama Johny appeared for the Appellants while Standing Counsel Latha Susan Cherian appeared for the Respondents.

Facts of the Case

The Appellants were the wife, minor children, and mother of the deceased man. Earlier, an Original Petition was filed claiming compensation for the injuries sustained by the deceased in a motor vehicle accident that occurred in 2009. According to the Appellants, a mini lorry driven by the Respondent in a rash and negligent manner overturned into a canal, resulting in injuries to the deceased, who was working as the clearner in the said vehicle.

He succumbed to the injuries and it was alleged that the accident occurred due to the negligence of the mini lorry’s driver. Therefore, the Appellants claimed a compensation of Rs. 23,41,000/- limited to 15,00,000/-. The Tribunal awarded a total compensation of Rs. 10,78,929/- and being aggrieved by the quantum of compensation awarded, the Appellants approached the High Court.

Reasoning

The High Court in view of the above facts, noted, “In the decision in Jyni and Ors. v. Raphael P.T. And Ors, 2016 (2) KHC 870, in a case where the victim died on the date of accident itself, a sum of Rs.10,000/- was awarded as compensation for pain and suffering by another Division Bench of this Court. In the decision in Mable and Ors. v. Lenoy Sebastian and Others, ILR 2024 (1) Ker. 958 a Single Bench of this Court awarded a compensation of Rs.1,00,000/- towards pain and suffering , in a case where the victim died after eight months.”

The Court said that, towards bystanders expense, the Tribunal awarded only Rs. 27,300/-. It further noted that the deceased was hospitalised as inpatient for 182 days before he succumbed to the injuries which means, he was bedridden for about 7 months before he died.

“Therefore, I hold that the compensation awarded towards bystander expense is on the lesser side, and hence it is enhanced to Rs.35,000/-(5000x7 months). … Towards extra nourishment, the tribunal has awarded Rs.5,250/-, which, according to the petitioners is on the lesser side. Considering the fact that the deceased was hospitalised as inpatient for 182 days before he succumbed to the injuries on 7.9.2009, the compensation awarded for extra nourishment is on the lesser side, and hence it is enhanced to Rs.20,000/-”, it also ordered.

The Court said that no change is required in the amounts awarded on other heads, as the compensation awarded on those heads is just and reasonable.

The Court, therefore, held that the Appellants are entitled to get a total compensation of Rs. 19,08,404/-.

Accordingly, the High Court partly allowed the Appeal and enhanced the compensation amount.

Cause Title- James (Unsound Mind) & Ors. v. Sajeevan & Anr. (Neutral Citation: 2025:KER:3543)

Appearance:

Appellants: Advocate Anupama Johny

Respondents: Senior Advocate George Cherian, Standing Counsel Latha Susan Cherian, and Advocate K.S. Santhi.

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