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Judgment
Ramakrishna Pillai, J.—The appellants are the unfortunate son and siblings of one Yoonus, a 28 year old Coolie who succumbed to the injuries sustained by him in a road traffic accident on 6-1-1999. Allegedly, while the deceased was walking along the road he was hit down by the bus driven by the second respondent. The offending vehicle was covered by a valid policy issued by the fourth respondent. Against the claim of Rs. 3,50,000/- the learned Tribunal has awarded a sum of Rs. 1,86,333/- as compensation. The adequacy of compensation is under challenge. We have heard the Learned Counsel for the appellant and the Learned Counsel for respondents 3 and 4. We have also perused the impugned award.
The Learned Counsel for the appellant would submit that though the deceased was earning a monthly income of Rs. 3000/- , the learned Tribunal has fixed the compensation for loss of dependency adopting a notional monthly income of Rs. 1,200/- . We do notice that the deceased was aged only 28 years and the accident was of the year 1999. Presumably he might have earned at least Rs. 2500/- per month by engaging himself in any job during the relevant year. When the dependency compensation is recalculated adopting monthly income of the deceased at Rs. 2500/- as well as the multiplier of 17 the compensation for loss of dependency would come to Rs. 3,40,000/- (after deducting one-third of the amount in consideration of the expenses which the deceased would have incurred had he been alive following the principle laid down by the apex court in Sarla Verma v. Delhi Transport Corporation, (2010(2) KLT 802 SC). As the learned Tribunal has awarded only a sum of Rs. 1,81,333/- as compensation for loss of dependency the appellants are entitled to get an additional sum of Rs. 158667/- as compensation under that head.
It was submitted by the Learned Counsel for the appellant that the death occurred while the deceased was undergoing treatment in the hospital. However, towards compensation for pain and suffering only a sum of Rs. 2000/- was awarded by the Tribunal. We award to the appellants an additional sum of Rs. 8000/- as compensation for pain and suffering.
The deceased left behind him his son and siblings. The first appellant was a minor at the time of the accident. However, no amount was awarded by the learned Tribunal towards compensation for loss of love and affection. Hence we are awarding a sum of Rs. 15,000/- under that head.
Towards funeral expenses the Tribunal has awarded only Rs. 2000/- . We award to the appellants Rs. 3000/- more on that count.
It is also relevant to note that the learned Tribunal has not awarded any sum towards loss of estate. We are awarding a sum of Rs. 5000/- towards loss of estate. Thus in total the appellants become entitled to a sum of Rs. 1,89,667/- over and above what was awarded by the Tribunal. The amount will carry interest at the same rate as awarded by the learned Tribunal from the date of petition till realisation. As the fourth respondent was found liable by the learned Tribunal, the fourth respondent shall have the liability to pay additional sum also.
Appeal is allowed and the impugned award shall stand modified as above.