Subramanian and Others vs N.D. Anthappan and Others

T.R. Ramachandran Nair, J.—This appeal is filed by the claimants before the Tribunal, aggrieved by the inadequacy of the amount awarded. The appellants are the parents and sister of deceased Sri. Limesh. All of them were depending on him. The deceased was driving an auto rickshaw of his own bearing Reg. No. KL-8/AN 7758 through public road in front of the Mother Hospital at Olari, Thrissur. The bus bearing Reg. No. KL/U 6628 which came from the opposite direction hit the autorickshaw and he sustained severe injuries and the auto rickshaw was also damaged. Amounts were claimed for the damage caused to the autorickshaw also.

The learned counsel for the appellants submits that the deceased was getting income from the autorickshaw. He was also conducting business in stationery items and evidence was let in to prove the various aspects to show that he was having monthly income of Rs. 12,000/-. Oral evidence was also given in the matter and the Tribunal has fixed the same only at Rs. 5,000/-. As regards funeral expenses, Rs. 5,000/- alone has been granted and towards loss of estate, Rs. 5,000/- has been granted. It is also submitted that the amount of Rs. 30,000/- granted towards loss of love and affection is also not correctly fixed.

The learned Senior counsel for the Insurance Company submits that proper compensation has been fixed.

As regards the monthly income of the deceased, it is seen from the evidence that he was aged 24 at the time of the accident and evidence was given to show that he was remitting amounts towards chitties. Exts. A20 and A10 passbooks of Kuri companies were produced. The Tribunal observed that PW 1 could not account for the sources of the income when cross examined. PW 1 is the appellant No. 1. It is also stated that there is no proper seal and signature in the documents. As regards the conduct of the shop, it is stated that there was no licence from the Panchayath. PW 2 is the Deputy Chairman of another kuri namely Rolland Kuri, who admitted that deceased Limesh was a subscriber in his company and he identified Ext. A20 pass book. For recovering defaulted instalments, he filed a suit and Ext. A24 produced is the Kuri statement. As per the findings of the Tribunal, statement of accounts have not been properly proved. PW 3 is the Manager of another kuri known as New Millaneum Kuri Company, who deposed that he was a subscriber to three chitties of Nos. 1505, 1506 and 1507. Ext. A10 is the passbook showing the remittances. Rs. 500/- each was being remitted. PW 4 is the Branch Manager of Indus Bank, who deposed that the deceased had availed loan from his bank. Ext. A11 is produced to prove the same. Ext. A26 is the copy of the statement issued by the bank. The Tribunal finally concluded that he was having income from other sources. He was driving his own authorickshw also.

The learned Senior Counsel for the Insurance Company submits that licence of the deceased was not produced in spite of the petition filed before the Tribunal. Therefore it cannot be safe to reckon the income by treating him as a driver cum owner of the autorickshaw.

Having regard to the evidence adduced and the year of the accident being 2010, even if the licence is not produced, he being the registered owner of the autorickshaw, he would have been getting income from the business. After considering various aspects, we are of the view that it will be proper to fix the monthly income at Rs. 7,500/-. The Tribunal has deducted 1/3 towards personal expenses and the balance is treated as contribution. Going by the judgment in Sarla Varma v. Delhi Transport Corporation (2010 (2) KLT 802 (SC), 50% will have to be deducted since he was a bachelor. Therefore the dependency compensation will be Rs. 8,10,000/- (7500 x 12 x 18 x 50%). We further award Rs. 1,00,000/- towards loss of love and affection and Rs. 25,000/- towards funeral expenses. Rs. 35,000/- is awarded towards loss of estate.

Accordingly, the appellants will be entitled for compensation in the following manner:

In addition to the above, the appellants will be entitled to a sum of Rs. 35,000/- towards damages to autorickshaw, as already granted by the Tribunal. The enhanced compensation will carry interest @ 9% per annum from the date of petition. The amount will be shared in the ratio as prescribed by the Tribunal in the award. The Insurance Company will deposit the amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment.

The appeal is accordingly allowed.