The Kerala High Court has partly allowed an appeal filed by the family of a woman who died following a road accident in 2017, enhancing the compensation payable to them by more than ₹1.18 lakh. The Court, however, declined to increase the deceased woman's assessed income by adding a separate amount for her role as a homemaker.
Justice Shoba Annamma Eapen delivered the judgment while hearing an appeal against an award passed by the Motor Accidents Claims Tribunal (MACT), Pathanamthitta.
Background of the Case
According to the claim petition, the deceased woman was walking along a public road on July 18, 2017, when a motorcycle allegedly struck her. She sustained serious injuries and passed away two days later.
Her husband and children approached the MACT seeking compensation of ₹25 lakh. The Tribunal awarded ₹13.49 lakh with interest, holding the insurer liable to satisfy the award. Dissatisfied with the amount, the family approached the High Court seeking enhancement.
Before the High Court, the appellants argued that the deceased was not only employed as a sweeper in a school but also contributed significantly to the household as a homemaker. They requested that an additional notional income of ₹15,000 per month be considered for those services.
The insurance company opposed the plea, contending that the Tribunal had correctly relied on the salary certificate showing that the deceased earned ₹10,788 per month at the time of the accident.
After examining the record, Justice Eapen found no reason to interfere with the Tribunal’s assessment of income.
The Court observed that the deceased was a salaried employee and that the claimants had not produced evidence to establish the extent of her contribution as a homemaker. The judgment noted that none of the family members entered the witness box to substantiate the claim for additional income.
Distinguishing a recent Supreme Court ruling relied upon by the appellants, the Court observed, “In the present case, the deceased was a salaried employee in a school.” Therefore, the precedent concerning a homemaker receiving family pension was not applicable.
The Court accepted the family's argument regarding compensation under the head of consortium.
Referring to Supreme Court precedents, the bench held that each eligible family member was entitled to consortium compensation with the applicable enhancement. As a result, the amount under this head was increased from ₹15,000 to ₹1,93,600.
At the same time, the Court agreed with the insurer's contention that compensation for “loss of love and affection” could not be awarded separately when consortium compensation had already been granted.
“The amount awarded under the head loss of love and affection” was therefore deleted to avoid duplication of compensation, the Court observed.
Partly allowing the appeal, the Kerala High Court enhanced the total compensation from ₹13,49,757 to ₹14,68,357 and granted an additional amount of ₹1,18,600 with interest at 8% per annum from the date of the claim petition until realization.
The Court directed the insurer to deposit the enhanced compensation along with interest and costs within two months, following which the amount shall be disbursed to the claimants in accordance with law.
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Case Title: Thomas Poulose & Others v. Albin Mathew @ Anto & Another
Case Number: MACA No. 666 of 2020
Judge: Justice Shoba Annamma Eapen
Decision Date: June 4, 2026
