Jaimol vs Anoop P.A.

T.R. Ramachandran Nair, J.—The claimants, who are the appellants before this Court, have filed this appeal aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Pala. Against a total claim of Rs. 12 lakhs, the Tribunal below has granted Rs. 3,33,234/-.

The accident occurred on 25.02.2010 while the deceased was riding a motorbike bearing Registration No. KL-5/Q 2377 through Neeranthanam-Ramapuram road. motorcycle driven by the 1st respondent bearing Reg. No. KL-5/U 2988 collided with the motorbike in which the deceased was travelling.

He was taken to the Medical College Hospital, Kottayam and died while in the hospital. The deceased was a farmer and a rubber tapper. The claimants are the widow as well as the minor children of the deceased.

We find from the award of the Tribunal that notional income has been fixed as Rs. 2,500/-. He was aged 42 years at the time of the accident and monthly income shown of the claimant, going by the application, is Rs. 8,000/-. Accordingly loss of dependency is calculated as Rs. 3 lakhs taking the multiplier as 15. One third has also been deducted towards personal expenses. Towards pain and suffering a sum of Rs. 4,000/- has been awarded, an amount of Rs. 4,000/- has been awarded towards loss of estate, Rs. 4,000/- has been awarded towards loss of consortium and towards compensation for loss of love and affection a sum of Rs. 4,000/- has been awarded.

We find that the amount taken as notional income of Rs. 2,500/- is too low considering the fact that the deceased was a self employed person. As far the above aspect is concerned, in the light of the decision reported in Syed Sadiq etc. Vs. Divisional Manager, United India Ins. Company, , a reasonable amount namely Rs. 4,500/- can be taken. If that be so, after deducting one third for personal expenses, loss of dependency will be : Rs. 3,000/- X 12 X 14 = Rs. 5,04,000/-. The correct multiplier, going by the decision of the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , will be 14 and we adopt the same.

Apart from the same, we find that the amount awarded towards pain and suffering, loss of estate, loss of consortium and loss of love and affection are also too low. He survived about one week after the accident. He had sustained the following injuries:

(1) Abraded contusion on back of head at right parietal eminence 3x2 cm. Vertical - recently healed. (2) Abraded contusion on occiput 2x2 cm. Recent epithelisation of margin noticed.

(3) Abraded contusion on occipital region 5.5x0.5 cm. Vertical, recently healed, 4 cm, back to injury No. 1

(4) Abraded contusion on back of left elbow region 8x6 cm. Vertical with marginal epithelisation.

(5) Abraded contusion on left side of chest 13x7 cm. vertical, 14 cm. below armpit, slough at base with marginal epithelisation

(6) Abrasion at root of dorsal aspect of right big toe 2x2 cm.

(7) Lacerated wound on right upper eyelid 3 cm, sutured, muscle deep transverse.

(8) Sutured lacerated wound on right frontal eminence 3 cm. transverse bone deep and

(9) A stappled curvilinear wound on right tempero parietal region 26 cm.

The front end at frontal region back and at front of right ear, scalp contusion on top and right side of head 12x12 cm. A burr hole removed loose bony place, underneath 9x5 cm, transverse with dura replaced by a nylon membrane. The undersurface of right frontal lobe 6x6x3.5 cm. right temporal lobe 3x3x0.5 cm. lacertated. The floor of both front cranial fossa and right middle cranial fossa were fractured into multiple small pieces. The brain congested and flattening of gyri noticed subdural and subarachnoid haemorrhage seen on both sides of brain. He succumbed to the injuries on the same day." Therefore a higher amount ought to have been awarded for pain and suffering. According to us, a reasonable amount of Rs. 30,000/- can be granted towards pain and suffering. Apart from the same, going by the decision of the Apex Court in Rajesh and Others Vs. Rajbir Singh and Others, , towards loss of consortium Rs. 1 lakh is liable to be granted and Rs. 1 lakh towards loss of love and affection, Rs. 30,000/- towards loss of estate and Rs. 25,000/- towards funeral expenses are also liable to be granted. Therefore, we refix the compensation as follows:

There will be a direction to the Insurance Company to deposit the amount (less the amount if any already paid) within three months. We also find from the impugned judgment that the Tribunal has granted only 7.5% interest from the date of filing of the petition. In the light of the decisions of the Apex Court especially in Supei Dei (Smt.) & Ors. v. National Insurance Co. Ltd. And Anr. [(2009) 4 SCC 513], the reasonable interest payable is 9%. We modify the shares of the appellants in the following manner:- Rs. 2,75,000/- each will be deposited in the names of two minors till they attain majority and the balance amount can be withdrawn by the widow of the deceased appellant No. 1. We modify the award to that extent also. The appeal is allowed. No costs.