Motor Accident Claim | Victim's Suicide Due To Accident-Induced Mental Dejection Counts In Assessing Compensation: Kerala HC
The Kerala High Court held that the victim’s suicide due to an accident-induced mental dejection and disappointment would be considered when assessing compensation in a motor accident claim.
The Court dismissed the Appeal of the Insurance Company against the award granted by the Motor Accident Claims Tribunal (Tribunal), whereby the Tribunal granted higher compensation by considering the loss that occurred due to the suicide of the victim.
The Bench of Justice Mary Joseph observed, “Ext.A10 is the final report submitted by the police in the crime with reference to the unnatural death of Mrs.Santha and it is stated there that her dejection and disappointment developed out of her thought process that she would not be recovered from her physical condition, has culminated in the commission of suicide by her. The final report is the outcome of the investigation held by the police regarding the commission of suicide and when its genuineness was not questioned in any forum by the insurer and other reasons for her to commit suicide having not been brought forth in evidence, there is every justification in relying on it”.
Advocate Lal K Joseph appeared for the Appellant (Third Respondent in the original suit) and Advocate T.N Manoj appeared for the Respondent (First to Sixth Petitioners with First and Second Respondents in the original suit).
Mrs. Santha, a pillion rider on a motorcycle, sustained serious injuries in a motor accident involving a tempo, a bus, and a car. She committed suicide by self-immolation two months later. The Tribunal awarded compensation to the Petitioners, holding the tempo owner and driver liable. The Appellant (insurance company) approached the Court challenging the award passed by the Moto Accident Claims Tribunal (Tribunal). The Appellant contended that the Tribunal erred in awarding compensation to the Respondents on account of the suicide of their mother subsequent to the occurrence of the accident.
The Court framed the following issue:- “Whether the suicide commtted by Mrs. Santha has got any connection with the injuries sustained by her in the motor accident”.
The Court noted that the deceased had sustained head injuries leading to development of mental and physical problems. The Court observed that another report submitted by the police stated that the deceased had believed that she would not recover from her physical condition which culminated in the commission of suicide.
Therefore, the Court held that the final report would be taken into consideration while assessing compensation if the genuineness of the report was not questioned in any forum. The Court referred to the case of Venugopal and ours v T.L Paulson and ours [2008 (4) KLT 920] and noted that the Victim committed suicide due to her mental dejection and disappointment.
Accordingly, the Court dismissed the Appeal and affirmed the impugned award.
Cause Title: New India Assurance Company Limited v Vijayan (2023/KER/64775)
