Mentally Dejected Motor Accident Victim Dies Of Suicide; Kerala High Court Upholds Award Granting Compensation To Children

The Kerala High Court recently upheld a Motor Accident Claims Tribunal award, granting compensation of Rs.3,18,700 and interest to the children of the deceased mother who died by suicide following a motor accident.Justice Mary Joseph observed that the deceased suffered head injuries from the accident and was undergoing disappointment and mental dejection since she felt she would not recover from her physical condition. “Based on the medical evidence discussed above and the records with reference to the criminal case registered, it can safely be concluded that the victim committed suicide due to her mental dejection and disappointment resulted from the serious injuries sustained in the motor accident. Or in otherwords, the ultimate cause of death of Mrs.Santha can be taken as the motor accident met with by her.”The appeal was filed by the Insurance Company against the award passed by the Motor Accident Claims Tribunal, Irinjalakkuda for giving compensation to the respondents for the suicide of their mother after a road accident.The deceased had sustained serious injuries from the accident and later committed suicide by self-immolation on June 24, 2005. The claimants, who are her children, contended that her suicide was a result of the mental distress and disappointment caused by her injuries. The Tribunal issued a common award for three separate original petitions, directing the appellant to deposit compensation.The mother of the respondents immolated herself following the motor accident and the Tribunal ordered the insurance company to pay a compensation of Rs Rs.3,18,700 with interest. The respondents alleged that their mother committed suicide due to the mental dejection and disappointment resulting from the injuries sustained by her in the motor accident.The counsel for the appellant Insurance Company, Advocates Lal K. Joseph and Suresh Sukumar contended that there was no connection between the victim's suicide and the motor accident and questioned the genuineness of medical records presented as evidence. The Court noted that the motor accident occurred on March 15, 2005, and the mother committed suicide on June 24, 2005. The Court found that the medical reports showed that the mother sustained serious head injuries in the motor accident. It took note of the argument that the mother might have suffered neurologic depression due to the head injury caused by the accident. “As per the report of CT scan marked in evidence as Ext.A5 the victim had suffered haemorrhagic contusion involving tentorium cerebellae and adjacent cerebellar hemisphere on the left side. The main argument advanced was that a grave injury to the brain may cause a neurologic depression. It was urged that any serious injury which would alter the brain physiology and essential neurotransmissions may lead to a state of depression.”The Court found that the respondent son had deposed that the doctors had informed him that there were chances that the mother might suffer from some mental or psychic problems in future due to the head injury. It also noted that the doctors informed that there was no possibility of a complete cure for the mother. It also took note of the fact that the mother developed some psychic or mental problems and was exhibiting memory disturbance after getting discharged from the hospital. The medical report also stated that there was a possibility for behavioural changes in the mother. The Court stated that the respondents had not produced any contrary evidence to disregard the medical documents submitted by the respondents. It also noted that there was no contrary finding brought out even from the cross-examination of the son. “PW1, being the son of the deceased had said with precision that his mother developed some psychic or mental problems after getting discharged from the hospital and had also memory disturbance.The document marked as Ext.A6 is a medical certificate issued by a doctor from St.James Hospital, Chalakudy and it would also suggest the possibility for some behavioural changes to be developed later. Petitioner was certified as conscious but suffering on account of memory disturbance and gait ataxia.”It was further found that the police report filed after an investigation into the suicide of the mother also stated that she was disappointed after the motor accident and she felt that she would not recover from her physical condition. The Court held that the final report of the police was submitted after investigation and it was also not challenged by the respondents. With these observations, the Court upheld the award passed by the Tribunal and set aside the appeal. Counsel for the respondents: Advocate T.N. ManojCitation: 2023 LiveLaw (Ker) 602Case title: M/S New India Assurance Company Ltd v VijayanCase number: MACA NO. 2138 OF 2010Click Here to Download/Read Judgment

Mentally Dejected Motor Accident Victim Dies Of Suicide; Kerala High Court Upholds Award Granting Compensation To Children

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