S. Vijayalakshmi vs K.C. Ismailutty and Others

P.V. Asha, J—The deceased met with an accident on 30.6.1999 while he was walking along the Road Junction Hospital, Calicut - Medical College Road. The offending vehicle came in a rash and negligent manner and knocked him down. He sustained very serious injuries and succumbed to the injuries on the same day at the Medical College Hospital, Kozxhikode. The widow along with the parents of the deceased filed a claim petition seeking compensation to the tune of Rs. 3 Lakhs.

During the pendency of the claim petition, the mother passed away. The Tribunal awarded a sum of Rs. 1,33,200./- in favour of the widow. The widow has approached this Court seeking enhancement of compensation, on the ground that the amount awarded towards various heads are thoroughly inadequate and the income taken is only at Rs. 900/- per month.

The deceased was doing the business of selling clay vessels. It was claimed that he was earning a sum of Rs. 3,000/- per month. He was aged 35 years. Adopting the multiplier as 16 and reckoning the monthly income at Rs. 900/-, the Tribunal awarded a sum of Rs. 1,15,200/- towards dependency compensation. Towards loss of consortium a sum of Rs. 10,000/- alone was granted. Towards funeral expenses, a sum of Rs. 2,000/- alone was granted. We find that the amount awarded towards loss of consortium and funeral expenses are liable to be enhanced to Rs. 1 Lakh and Rs. 25,000/- 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 . Regarding the monthly income of the deceased, we fix the same at Rs. 1,500/- considering the wages prevailing at the relevant time. Therefore, the compensation towards loss of dependency will come to Rs. 1,92,000/- (1500 x 12 x 16 x 2/3). Towards compensation for pain and suffering, a sum of Rs. 5,000/- has been granted already and a sum of Rs. 1,000/- was granted as transportation charges. It is seen that the accident occurred at Calicut and the body was taken to the place of residence of the deceased in Kanyakumari District in Tamil Nadu. Therefore, we enhance the compensation for transportation charges, to Rs. 3,000/-.

The appeal is, therefore, allowed and the award is modified in the following manner:

(Rupees Three Lakhs and twenty-five thousand only)

The above amount will carry interest at the rate of 9% in the light of the judgment of the Apex Court in Supeidei (Smt) and others v. National Insurance Company Ltd. And others {(2009) 4 SCC 513}. The insurance company shall deposit the entire amount less the amount already deposited before the Tribunal, within a period of three months. No costs.