Aleyamma K.S vs Harikumar T.S

T.R.Ravi, J

The claimants before the Additional Motor Accident Claims Tribunal, Pathanamthitta have preferred this appeal claiming enhancement of the compensation. The appellants are legal representatives of deceased Mathew. The deceased, who was 49 years, while riding a motor cycle, was hit by a private bus on 06.05.2013. He sustained severe injuries and later succumbed to the injuries. The legal representatives preferred the claim.

It was stated that the deceased was a painting contractor, who was having more than Rs.10,000/- as monthly income. It is their grievance that the Tribunal considered only Rs.5,000/- as his monthly income. It is pointed out by the learned counsel for the appellant that the wife of the deceased had given oral evidence regarding the income, but the Tribunal has wrongly fixed it at Rs.4,500/-. It is further submitted that going by the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co.Ltd., reported in [AIR 2011 SC 2951], even in the case of a coolie, the notional income in an accident which happened in 2013 ought to have been fixed at Rs.9,000/-. It is also submitted that the appellants are entitled to have the income increased by 25% towards future prospects. Regarding the conventional heads, it is seen that an amount of Rs.5,000/- alone was granted towards loss of estate, while a sum of Rs.25,000/- was granted towards funeral expenses. The appellants are entitled to Rs.15,000/- as compensation on each of the above two heads. A sum of Rs.3,50,000/- is seen awarded under the head loss of love and affection and loss of consortium. The four appellants together will be entitled to a total sum of Rs.1,60,000 (40,000/- each) as against the sum of Rs.3,50,000/-, which is awarded. That is, a sum of Rs.1,90,000/- will have to be reduced under that head. The calculation under loss of dependency will have to be re-worked on the basis of the monthly income of Rs.9,000/- increased by 25% future prospects. The monthly income along with future prospects will come to Rs.11,250/-. The compensation payable towards loss of dependency would hence work out to Rs.13,16,250/-

In the light of the above findings, the compensation awarded by the Tribunal is liable to be enhanced and modified in the manner shown in the table below:

Sl.

No.

Head of the Claim

Amount Claimed(Rs.)

Amount Awarded( Rs.)

Amount     as modified

by this Court (Rs.)

1

Loss of dependency

1800000

760500

1316250

2

Pain and sufferings

100000

10000

10000

3

Funeral expenses

65000

25000

15000

4

Transport to hospital

9250

1000

1000

5

Damage to clothes

13000

1000

1000

6

Loss of love and affection

350000

250000

120000

7

Loss of consortium

200000

100000

40000

8

Loss of estate

150000

5000

15000

Total

1152500

1518250

In the result, the appeal is allowed. The compensation granted by the Tribunal is enhanced by a further sum of Rs.3,65,750/- (Rupees Three Lakhs Sixty Five Thousand Seven Hundred and Fifty only) with interest at 9% per annum on the enhanced compensation from 01.07.2013 till the date of realisation, with proportionate costs. The 3rd respondent insurer shall deposit the additional compensation granted in this appeal along with the interest and proportionate costs, before the Tribunal within two months from the date of receipt of a certified copy of this judgment, after deducting any amount to which the appellant is liable towards balance court fee and legal benefit fund. The disbursement of the compensation to the appellant shall be in accordance with law.