Leelamma and Others vs M. Elanko and Others

P.V. Asha, J—The appellants are the widow, three children and parents of the deceased Benny George who met with an accident on 25.7.2003. The jeep in which the deceased was traveling collided with a lorry and he sustained very serious injuries and succumbed to the same on the same day.

The claim petition was filed before the Tribunal seeking compensation to the tune of Rs. 5 lakhs. The Tribunal awarded a sum of Rs. 3,35,000/- only.

This appeal is filed seeking enhancement of compensation on the ground that the amount awarded under various heads are thoroughly inadequate.

The deceased was working as a labourer. It was claimed that he was earning a sum of Rs. 5,000/- per month. The Tribunal reckoned his income as Rs. 2,250/- and adopted the multiplier as 16. A sum of Rs. 2,88,000/- was awarded under the head dependency compensation. Learned counsel for the appellants submitted that the deceased was only aged 35 at the time of the accident and the multiplier adopted is not correct. But no such contention is seen raised in the appeal. On the other hand the averments in the appeal are to the effect that the deceased was aged 36. As per the decision of the Apex court 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 in the case of a person aged 36 is 15. As the deceased was stated to be a labourer, we adopt the monthly income at the rate of Rs. 3,500/- having regard to the wage structure prevailed at the relevant time of accident. Accordingly, the dependency compensation is re-fixed as Rs. 3,500x12x15x3/4 which will come to Rs. 4,72,500/-. The Tribunal has deducted 1/3 towards his personal expenses. In this case, there were six dependants. i.e. widow, children and parents. Therefore, 1/4 of the income is deducted towards personal expenses.

Under the conventional heads of compensation towards funeral expenses, loss of consortium, loss of love and affection etc. the Tribunal has awarded a sum of Rs. 3,000/-, Rs. 5,000/- and Rs. 20,000/- respectively. In the light of the decision 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 a sum of Rs. 25,000/- towards funeral expenses and Rs. 1 lakh towards loss of consortium to the widow. As there were three children and parents, we award a sum of Rs. 1,50,000/- towards loss of love and affection. The compensation awarded under the head of pain and suffering is enhanced to Rs. 10,000/-. The Tribunal has not granted any amount towards loss of estate. Therefore, we award a sum of Rs. 25,000/- towards loss of estate. Accordingly, the award is modified as follows:

Thus the total compensation will be Rs. 7,85,500/- (Rupees Seven lakh Eighty Five thousand Five hundred only) and the enhanced compensation will carry interest at the rate of 9% p.a. in the light of the judgment of the apex court in Supe Dei (Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513].

Out of the total compensation, a sum of Rs. 20,000/- each will be given to the parents/appellants 5 & 6 and Rs. 75,000/- each to the appellants 2 to 4 and the balance amount will be paid to the widow, the first appellant along with interest.

The Insurance Company is directed to deposit the entire amount, less the amount already deposited, within a period of three months from the date of receipt of a copy of this judgment. The court fee if any in deficit will be deducted before disbursing the award amount to the claimants.

The appeal is allowed accordingly. No cost.