Asha, J. The legal heirs of deceased Suresh, who met with a fatal accident on being hit by a motor cycle when he was walking along the road, has come up in appeal for enhancement of compensation granted in O.P.(MV) No.1289/2004 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The deceased Suresh met with the accident on 28.3.2004 and succumbed to the injuries on 29.3.2004. The appellants herein filed the claim petition seeking compensation claiming that the deceased was engaged in real estate and flour mill business, earning a monthly income of Rs.4,000/-. He was aged 50 years at the time of accident. The appellants were the widow, two children and the mother of the deceased. The Tribunal has awarded compensation to the tune of Rs.2,96,000/- along with 7.5% interest. The appellants have approached this Court claiming enhanced compensation contending that the amounts awarded under various heads are thoroughly inadequate.
2. We heard learned counsel on either side. On going through the award, we find that the compensation awarded under various heads are inadequate. Regarding the monthly income of the deceased, the Tribunal has reckoned only a sum of Rs.2,500/- as against the claim of Rs.4,000/-. Even in the absence of evidence as to the avocation of the deceased, going by the decision of the Apex Court in Syed Sadiq v. Divisional Manager (AIR 2014 SC 1052), the monthly income of a person engaged in unorganised sector, can be reckoned as Rs.4,500/-. Therefore, we think it just to reckon the monthly income as Rs.4,000/- as claimed in the application. The deceased was aged 50 and there were four members in addition to him who are dependents. The Tribunal has taken a multiplier as 13 and 1/3rd was deducted as personal expenditure instead of 1/4th, going by the decision of the Apex Court in Sarla Varma v. Delhi Transport Corporation (2010 (2) KLT 802 - SC). Similarly, towards funeral expenses, only a sum of Rs.5,000/- was awarded. We find that a sum of Rs.25,000/- should have been awarded, going by the decision of the Apex Court in Rajesh v. Rajbir Sigh (2013 (3) KLT 89 - SC). Similarly, towards loss of consortium, a sum of Rs.1 Lakh was liable to be awarded as against the sum of Rs.10,000/- awarded by the Tribunal and that the compensation awarded towards loss of love and affection, is only Rs.10,000/-. A sum of Rs.1 Lakh is admissible. A sum of Rs.25,000- will be admissible to the appellants towards loss of estate. Reckoning the income of the deceased at the rate of Rs.4,000/- per month, after deducting 1/4th towards his personal expenses and adopting a multiplier of 13, the appellants are entitled to a sum of Rs.4,68,000/- towards loss of dependency. In addition to the same, a sum of Rs.25,000/- will be admissible to the appellants towards pain and suffering. Thus, the appellants will be entitled to enhanced compensation as given below:
6. Loss of consortium Rs.1,00,000/- Total Rs.7,43,000/-
The interest awarded by the Tribunal is only 7.5%. Going by the decision of the Apex Court in Supei Dei (S). and others v. National Insurance Company Ltd. and another {(2009) 4 SCC 513}, the appellants are entitled to interest at the rate of 9% per annum.
Accordingly, there will be a direction to the Insurance Company to grant enhanced amount within a period of three months, after deducting the amount, if any, already deposited. The amount, if any, deposited already can be withdrawn by the appellants.
The appeal is allowed to the above extent. It is seen that the appellants have remitted court fee before the Tribunal only for an amount of Rs.7 lakhs. Therefore, we permit the appellants to remit additional court fee on the enhanced amount which will be disbursed to the appellants only after remitting the additional court fee. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/