Kaumudi vs Muhammed Sabith

P.V. Asha, J.—The appellants are the parents of deceased Sarathkumar, who met with an accident on 18.5.2009 at about 12 noon and succumbed to the injuries by 3 p.m. on the same day.

The appellants filed a claim petition before MACT, Vatakara seeking compensation to the tune of Rs. 11,31,000/-, which was limited to Rs. 8,00,000/-. It was claimed that the deceased was working as an Electrician and was earning a monthly income of Rs. 7,500/- when he was aged 19 years. The Tribunal passed an award to the tune of Rs. 4,93,000/- under various heads. The Counsel for the appellants submit that the amount awarded under various heads are inadequate.

We heard the learned Counsel for the Insurance Company who opposed any enhancement.

The Tribunal fixed the monthly income of the deceased at Rs. 4,000/-; considering the fact that the deceased was a technically qualified hand who was engaged in the work of electrician, we find it fit to refix the monthly income @ Rs. 7,000/-. Under the head of loss of dependency, the Tribunal adopted the multiplier of 13 only, considering the age of the dependants. In the light of the various judgments of the Apex Court, the multiplier should be adopted reckoning the age of the deceased. Hence, the proper multiplier should have been 18 as the deceased was aged only 19 years at the time of the accident. We, accordingly, modify the amount under the head - loss of dependency adopting the multiplier as 18. It is further seen that the amount granted towards funeral expenses is only Rs. 3,000/- whereas, in the light of the judgment of the Hon''ble Supreme Court in Rajesh and Others Vs. Rajbir Singh and Others, , a sum of Rs. 25,000/- is admissible and we refix the same accordingly. Towards loss of estate, the Tribunal has awarded only Rs. 5,000/-; we refix the same to Rs. 20,000/-. Towards loss of love and affection, the Tribunal has granted only Rs. 15,000/-; in the light of the judgment of the Apex Court supra, we refix the same to Rs. 1,00,000/-. Under the head of pain and suffering, the Tribunal has not granted any amount. We think it fit to grant a sum of Rs. 5,000/- under the said head.

The award accordingly, modified as follows:-

Thus, the appellants will be entitled to a total compensation of Rs. 9,08,000/- (Rupees Nine Lakhs Eight Thousand only). The enhanced amount will carry interest at the rate of 9% per annum from the date of petition till realisation. The Insurance Company is directed to deposit the entire amount of compensation within a period of three months from the date of receipt of a copy of this judgment, less the amount already deposited before the Tribunal. It is seen that the appellants have remitted court fee towards their limited claim of Rs. 8,00,000/-. The appellants shall remit the court fee towards the enhanced amount as per the modified award and the enhanced amount shall be disbursed only after remitting the additional court fee.

This appeal is allowed accordingly.