Suma K.K., W/O.Late V.P.Ramesan vs Oriental Insurance Company Ltd

T.R.Ravi, J

The legal representatives of the deceased have filed this appeal seeking enhancement of the compensation which has been awarded by the Motor Accidents Claims Tribunal, Thalassery.

On 16.11.2004, while the deceased was walking along the road, he was hit by a bus driven by the 2nd respondent in a rash and negligent manner. The deceased sustained injuries and was hospitalised on 16.11.2004 itself. He succumbed to the injuries on 10.11.2005. The claim petition was originally filed when he was alive. Later, his legal representatives were brought on record. The Tribunal awarded a sum of Rs.11,24,284/- as against a claim for Rs.12 lakhs. Aggrieved by the amount awarded by the Tribunal, the claimants are before this Court.

The deceased was 42 years at the time of the accident. The appellants claim enhanced compensation under the heads Loss of dependancy, loss of estate, funeral expenses and loss of consortium for spouse and children. The Tribunal has fixed a notional income of Rs.3,500/-. The claim had been filed stating that the deceased was doing business and was earning a sum of Rs.12,000/- per month. In order to prove the occupation and income, his wife has tendered evidence as PW1. She has stated that the deceased was earning Rs.400/- per day from his business. It was also contended that the deceased was having an autorickshaw from which also income was being earned. It is submitted that even going by the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co.Ltd., reported in [AIR 2011 SC 2951], the notional income was liable to be fixed at Rs.4,500/-. It is also submitted that the amounts awarded towards funeral expenses is to be increased by a sum of Rs.5,000/-, towards loss of estate is to be increased by a sum of Rs.10,000/- and, loss of consortium is also claimed to be on the lower side.

The counsel for the respondent submitted that the notional income can be fixed based on Ramachandrappa (supra) at Rs.4,500/- and 25% increase can be granted towards future prospects. It is submitted that amount awarded as Rs.1 lakh towards pain and suffering cannot be granted to the legal representatives of the deceased.

Having heard the counsel on either side, regarding the income of the deceased, I do not find any reason to disallow the claim regarding the income. The version of the wife who gave evidence as PW1 has not been challenged effectively in cross-examination. Exhibit A22 will clearly show that the deceased was owning a shop room where business was being conducted and that after his death the shop room had to be sold. It is also not disputed that the deceased was having an autorickshaw. In the above circumstances, there is no reason to fix the notional, based on Ramachandrappa (supra), since it is not a case where there is a total lack of evidence. In the circumstances, the notional income of the deceased is fixed at Rs.10,000/- (400x25) and granting an increase of 25% of its future prospects, the income for calculating the loss of dependency will be fixed at Rs.12,500/- per month. As claimed by the appellants, the amounts granted towards funeral expenses and loss of estate are to be increased by Rs.5,000/- and Rs.10,000/- respectively. Towards loss of love and affection and loss of consortium, the Tribunal has granted Rs.60,000/- (15000x3) and Rs.30,000/- respectively. The widow is entitled to a sum of Rs.40,000/- towards loss of consortium and a sum of Rs.10,000/- is liable to be increased under the said head. The children and mother are entitled to a sum of Rs.40,000/- each towards filial consortium, totalling to Rs.1,20,000/- and after deducting the sum of Rs.60,000/- granted by the Tribunal, an additional sum of Rs.60,000/- is to be awarded under the head loss of love and affection. Going by the recent decisions of the Hon'ble Supreme Court, the legal representatives will not be entitled to get compensation towards pain and suffering of the deceased. The amount granted as compensation by the Tribunal is hence liable to be increased in accordance with the above findings.

The amount to be granted under the head loss of dependancy is recalculated as Rs.15,75,000/- (12500 x 3/4 x 12 x 14) and after deducting the sum of Rs.5,73,384/-, the appellants are entitled to an additional compensation of Rs.10,01,616/- under the head. An additional sum of Rs.5,000/- is to be added towards Funeral expenses and an additional sum of Rs.10,000/- is to be added towards loss of estate. A sum of Rs.10,000/- is added towards loss of consortium and a sum of Rs.60,000/- is added towards loss of love and affection. The sum of Rs.1 lakh granted towards pain and suffering is to be reduced from the total compensation. In the circumstances, it is held that the appellants are entitled to an additional sum of Rs.9,86,616/- (1001616+5000+10000+10000+ 60000-100000).

In the result, the appeal is allowed. The compensation granted by the Tribunal is enhanced by a further sum of Rs.9,86,616/- (Rupees Nine Lakhs Eighty Six Thousand Six Hundred and Sixteen only) with interest at 9% per annum on the enhanced compensation from 10.10.2005 till the date of realisation, with proportionate costs. The respondent insurer shall deposit the additional compensation granted in this appeal along with the interest and proportionate costs, before the Tribunal within two months from the date of receipt of a certified copy of this judgment, after deducting any amount to which the appellants are liable towards balance court fee and legal benefit fund. The disbursement of the compensation to the appellants shall be in accordance with law.