[Motor Accident Claims] Legal Heirs Are Entitled To Compensation For 'Pain And Suffering' Endured By Deceased: Kerala High Court

“Therefore, in the light of the above decisions and the provisions of the Act of 1977 (Kerala Torts (Miscellaneous Provisions) Act) 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,” the bench ordered.

The development comes in an appeal preferred by the wife, minor children and mother of the deceased victim (original petitioner), challenging quantum of compensation awarded by the Tribunal. The driver was arrayed as the first respondent, insurer as the second.

Deceased was a cleaner in the mini lorry involved in the accident and succumbed to his injuries after about 7 months.

The Tribunal awarded compensation of ₹10,78,929, including ₹25,000 towards pain and suffering. Appellants argued that the figure was minuscule, given that deceased endured pain and suffering for seven months after the accident.

On the other hand, the respondents argued that legal heirs of a deceased person are not entitled to claim compensation for pain and suffering felt by the latter. Reliance was placed upon Apex Court's decision in Oriental Insurance Company Ltd. v. Kahlon @ Jasmil Singh Kahion (2021), to pain and suffering is a 'personal injury' suffered by the deceased.

At the outset, the High Court noted that negligence of the vehicle's driver was proven and that the insurer was liable to indemnify the compensation.

It fixed deceased's notional income as ₹7,000 and noting that he was 40 years old having four dependents, it ordered ₹11,81,250 under the head 'loss of dependency'. The Court also awarded amount towards funeral expenses, loss of consortium, loss of estate.

Coming to the dispute regarding award of compensation under the head 'pain and suffering', the Court relied upon Jaya v Shaji (2014) to note that legal representatives are entitled to claim compensation for pain and suffering. It also referred to Mable and Ors. v. Lenoy Sebastian and Others (2024) where ₹1 lakh compensation was awarded to legal heirs where victim died after undergoing pain and suffering for eight months.

The Court further enhanced bystander expenses and extra nourishment since the deceased was bedridden for seven months.

As such, it allowed the appeal in part and ordered that the appellants are entitled to get ₹19,08,404 as compensation.

Counsel for Appellants: Advocate Anupama Johny

Counsel for Respondents: Senior Advocate George Cherian,

Case Number: MACA NO. 307 OF 2015

Case Title: James (Unsound Mind) v Sajeevan

Citation: 2025 LiveLaw (Ker) 50

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