Pushaplata alias Pushpa Rani and Others vs Surender Kumar and Others

K. Kannan, J.—The appeal is for enhancement of compensation for death of a male aged 26 years in an accident that took place on 13.9.1993. The claimants were widow, two minor children and mother. He was said to have owned 12 acres of land and also doing dairy farming. There had been no proof offered for the possession of extent of land. The tribunal took therefore the income at Rs. 1500/- per month and assessed the compensation of Rs. 2,21,000/-. It also provided for damage to the vehicle at Rs. 20,000/-.

I will make no modification with reference to the income as assessed by the tribunal but however I will make a provision for prospect of increase and re-assess the compensation and tabulate the various heads as under:-

In the manner of working out the tabulation, I have provided for a compensation of Rs. 1 lac for loss of consortium and Rs. 1 lac for loss of love and affection for the two children in terms of the recent decisions of the Supreme Court. There shall be an award for Rs. 5,51,450/-. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. There shall be an additional amount of Rs. 20,250/- by way of damages for the vehicle. The entitlement of compensation will be distributed amongst the widow and two children in the ratio of 2:2:2:1. The right of enforcement of the award shall be available against the Insurance Company.

The award is modified and the appeal is allowed to the above extent.