Syamala, Charuvila Puthen Veedu, Edavattomcherry, Chirakkara Kulathoorkonam, Kalluvathukal, Prasanth, Prameela and Praveen vs M/s. Datamen Consultants (P) Ltd. and United India Insurance Co. Ltd.

Ramakrishna Pillai, J.—The appellants are the unfortunate widow and children of one Kuttappan who succumbed to the injuries sustained by him in a road traffic accident occurred on 26/06/04. Allegedly while the deceased was standing by the side of N.H-17 he was hit down by a Maruti car which was insured with the 3rd respondent Insurance Company. Against a claim of Rs. 7 lakhs the learned Tribunal awarded a sum of Rs. 3,52,000/- as compensation. The adequacy of the compensation is under challenge in this appeal.

We have heard the learned counsel for the appellants and the learned counsel for the 3rd respondent Insurance Company.

It was submitted by the learned counsel for the appellants that the deceased who was a temporary worker attached to the KSEB was earning daily wages ranging between Rs. 150-250. The learned Tribunal fixed the monthly income of the deceased at Rs. 3,000/- . As the accident was of the year, 2004 and as the deceased was aged 46 years old at the time of the accident, we are of the view that the monthly income fixed by the learned Tribunal is reasonable. It can be reasonably presumed that he might have earned at least Rs. 3,000/- per mensem by engaging himself in any job. The learned Tribunal has adopted the correct multiplier for computing loss of dependency. We see no genuine reason to interfere with the said finding.

However, the learned counsel for the appellants would submit that the deceased who became unconscious continued in the same state of affairs for about 11 days till he succumbed to the injuries. We notice that as compensation for pain and suffering the learned Tribunal has awarded a sum of Rs. 10,000/- only. We are of the view that the appellants'' are entitled to get an additional sum of Rs. 10,000/- as compensation for pain and sufferings. Thus we are awarding the said amount to the appellants.

Towards loss of estate no amount was seen awarded by the learned Tribunal. Thus we award a sum of Rs. 5,000/- towards loss of estate.

The first appellant who is the widow of the deceased was aged 39 years at the time of the accident. Towards loss of consortium the learned Tribunal has awarded a sum of Rs. 10,000/- which according to the learned counsel for the appellants is low. We accept the submission made by the learned counsel for the appellants and award an additional sum of Rs. 10,000/- towards loss of consortium.

The other appellants who are the children were aged 21, 20 and 19 years at the time of the accident. Among the children one was an unmarried daughter. Towards loss of love and affection, the learned Tribunal has awarded a sum of Rs. 10,000/- . Considering the age of the children and the age of the deceased we are awarding an additional sum of Rs. 15,000/- as compensation for loss of love and affection.

Though the deceased was hospitalised for about 11 days, no amount was awarded by the learned Tribunal towards compensation for transportation to hospital, medical expenses etc. Considering the period of hospitalisation we award an additional sum of Rs. 15,000/- .

Thus in total the appellants are entitled to get an amount of Rs. 55,000/- over and above what has been awarded by the learned Tribunal. The amount awarded shall carry interest at the rate of 7.5% per annum from the date of the claim petition till its realisation. The appeal is allowed. The impugned award shall stand modified as above.