Asha, J.,
The claimants in O.P.(M.V) No. 898/2013 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode has filed this appeal seeking enhancement of compensation. The appellants are the legal heirs of the deceased who met with an accident on 7.3.2013 while he was riding a motor cycle when it was hit down by another motor cycle. He scummed to death on 10.10.2013 at Medical College Hospital, Kozhikode.
2. We heard the learned counsel on both sides.
3. Learned counsel for the appellant submitted that the quantum of compensation awarded by the Tribunal is inadequate. Hearing the contentions of either side, we find that the amount awarded towards compensation for certain heads are inadequate. Towards funeral expenses, the Tribunal has awarded only a sum of `.10,000/- only whereas, a sum of `.25,000/- is admissible going by the decision of the Apex Court reported in Rajesh v. Rajbir Singh (2013 (3) KLT 89 (SC), it has been held that `.25,000/- can be awarded. Similarly, towards loss of love and affection, the Tribunal has awarded an amount of `.25,000/- only. The appellants herein are the parents of the deceased. The deceased was aged 20 years at the time of the accident. He was working as a mechanic in a polytehnic as claimed in the claim petition, earning a sum of `.10,000/- per month. The Tribunal assessed the compensation reckoning the income of the deceased as `.4,000/- after deducting 50% of the income towards personal expenses, a sum of `.4,32,000/- towards loss of dependency. We find that the amount awarded by the Tribunal towards loss of dependency is too low considering the future prospects of the income of the deceased. The prospects of the income is assessed as 50% considering the 20 years of age of the deceased. The income of the deceased will be taken as `6,000/- and after deducting personal expenses, he will be entitled to a sum of ` 6,48,000/- towards loss of dependency.
4. We therefore, modify the award as follows;
Total `.8,13,000/- (Rupees Eight Lakh Thirteen Thousand only)
5. We fix the interest at the rate of 9% p.a from the date of
the accident by relying upon the decision of the apex court reported in Supe Dei(Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513], in which Kaushnuma Begum v. New India Assurance Co. Ltd. [(2001) 2 SCC 9] is followed. The claimant is entitled interest at the rate of 9% from the date of petition and we modify the award to that extent.
6. The compensation in accordance with the modified award along with interest at the rate of 9% p.a from the date of petition shall be deposited by the Insurance Company within a period of three months less the amount already deposited by the insurer before the Tribunal and the claimants/appellants can withdraw the amount.
The appeal is allowed as above.
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
P.V.ASHA (JUDGE)