P.M. Manukuttan vs Mahesh P. and Others

T.R. Ramachandran Nair, J—The wife of the appellant died in an accident. She was aged 52 and was travelling as a pillion rider along with her son, first respondent herein from Kadalundi to Kozhikode on 8-6-2009. She was thrown out of the motorcycle and died while undergoing treatment at MIMS Hospital on 9-6-2009. Rupees five lakhs was claimed as compensation.

The Tribunal has granted compensation in the following manner:

It was claimed that the deceased was a tailor by profession and the Tribunal awarded the compensation by fixing the monthly income as Rs. 3,500/-. The learned Counsel for the appellant submitted that at any rate Rs. 4500/- can be taken as monthly income, which was opposed by the learned Counsel for the Insurance Company, by pointing out that there is no evidence to show the profession of the deceased.

When there is no clear evidence to prove that she was working as a tailor, we will have to consider her service as a housewife, for which we grant Rs. 3,500/- per month as notional income for awarding compensation. Other items of heads of claim which require modification are funeral expenses, loss of companionship and loss of estate. According to us, for funeral expenses Rs. 25,000/- is liable to be granted, for loss of companionship we grant an amount of Rs. 50,000/-, and for loss of estate we grant an amount of Rs. 20,000/-. The appellant was aged 61 years at the time of the accident and the Tribunal adopted the proper multiplier as 5, which is not justified. Going by the judgment 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 multiplier to be adopted is 11. Therefore, compensation for loss of dependency will be Rs. 3,08,000/- (3500x12x11x2/3).

(Rupees four lakhs twenty five thousand only)"

Therefore, the total compensation will come to Rupees four lakhs twenty five thousand only. It will carry interest at the rate of 9% per annum for the enhanced compensation. The Insurance Company will deposit the modified amount, less any amount already deposited before the Tribunal, within a period of three months. We permit the appellant to withdraw the amount.

The appeal is allowed as above. The parties shall bear respective costs in the appeal.