Francis and Others vs D. Ibrahim and Others

P.V. Asha, J—The widower and four children of the deceased who met with an accident on 01.05.1997. She was travelling in an autorickshaw which collided with a jeep causing fatal injuries to her.

Claim petition was filed before the Tribunal seeking compensation of Rs. 4,10,000/-, which was limited to Rs. 3,00,000/-. The Tribunal awarded a sum of Rs. 1,14,400/-. This appeal is filed seeking enhancement in compensation, pointing out that the amounts awarded under various heads are thoroughly inadequate.

We heard the learned counsel appearing for the appellant as well as the insurance company. It is submitted that the compensation awarded on various heads are thoroughly inadequate. The Tribunal has awarded the following amounts.

The deceased is claimed to have been working as fish vendor. She was aged 41 years at the time of accident. Tribunal reckoned her income @ Rs. 600/- only. We are of the view that a sum of Rs. 2,000/- can be reckoned as her income. Going by the judgment in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) ACJ 1298 : AIR 2009 SC 3104 : (2009) CLT 1055 : (2009) 6 JT 495 : (2009) 6 SCALE 129 : (2009) 6 SCC 121 : (2009) 5 SCR 1098 : (2009) 5 UJ 2280 : (2009) AIRSCW 4992 : (2009) 3 Supreme 487 , the proper multiplier is 14, in the case of the deceased aged 41. Therefore, since there are five dependents, after deducting 1/4th towards personal expenses, the compensation under the head of loss of dependency will be come to Rs. 2,52,000/- (2000 x 12 x 14 x 3/4). Towards funeral expenses the Tribunal has awarded only Rs. 2,000/-, which we enhance to Rs. 15,000/- since the death occurred in the year 1997. In the light of the judgment of the Apex Court in Rajesh and Others Vs. Rajbir Singh and Others, (2013) 2 ACC 841 : (2013) ACJ 1403 : (2013) 3 CTC 883 : (2013) 8 JT 288 : (2014) 173 PLR 779 : (2013) 3 RCR(Civil) 170 : (2013) 6 SCALE 563 : (2013) 9 SCC 54 : (2014) 1 SCC(L&S) 149 , we award Rs. 1,00,000/- towards loss of love and affection to the four children and Rs. 1,00,000/- to the widower towards loss of consortium. The Tribunal has awarded a sum of Rs. 86,400/- towards loss of estate while denying any amount under the head of loss of dependency. We award a sum of Rs. 15,000/- towards loss of estate and retain the compensation awarded towards transportation and pain and sufferings. The award passed by the Tribunal is accordingly modified as follows.

Therefore, the total compensation will come to Rs. 5,08,000/-. The enhanced compensation will carry interest at the rate of 9% per annum from the date of petition.

The insurance company is directed to deposit the amount less the amount already deposited within a period of three months from the date of receipt of copy of the judgment. The Tribunal has to recover the amount towards deficit court fee from the amount to be deposited by the insurance company.

The appeal is allowed accordingly. Parties shall suffer the respective costs.