Ramachandran Nair, J.
The appellants are before this Court aggrieved by the lesser amount of compensation fixed by the Tribunal. As against the claim of ` 12 lakhs, the Tribunal has awarded `5,44,000/-. The accident occurred on 5/11/2008.
2. The learned counsel for the appellants submits that the deceased was a barber by profession and he was conducting his own barber shop in building No.11/386 of Thuravoor Grama Panchayatg. The above aspect has been certified by the Village Officer. The appellants had claimed that he was getting ` 400/- per day and excluded four holidays in every month for calculating the same, since on those days, the shop will remain closed. It is submitted that only a reasonable amount of `10,400/- is claimed. The Tribunal has taken ` 5,000/- only as the monthly income of the deceased. It is also stated that 1/4th of the amount has been deducted towards personal expenses.
3. The appellants are the mother, wife and two children of the deceased. The second appellant had filed a proof affidavit, wherein she had reiterated this aspect. Going by the evidence, he was conducting a barber shop in a rented building. It is not clear from the evidence, how much rent was being paid.
4. The learned Senior Counsel for the Insurance Company submits that a reasonable amount of ` 5,000/- has been taken by the Tribunal as the notional income in the absence of any concrete evidence. Even though the learned counsel for the appellants vehemently argued that an amount of `10,400/- should have been taken by the Tribunal, we are of the view that the Tribunal has fixed a reasonable amount. But we find that towards funeral expenses ` 7,000/- alone has been granted, ` 5,000/- alone has been granted towards pain and suffering, ` 25,000/- alone has been granted towards loss of love and affection and ` 10,000/- alone has been granted towards loss of consortium. Going by the decision of the Apex Court in Anjani Singh & Others v. Salauddin and Others ( 2014(6) SCALE 55), a sum of `25,000/- can be granted towards funeral expenses and a sum of `1,00,000/- each can be granted towards loss of love and affection and loss of consortium. We also find that the compensation awarded under the head of pain and suffering is also not commensurate with the circumstances of the case. Accordingly, we modify the award in the following manner :
Loss of dependency - `.. 4,95,000/-
Transport and expenses - `.. 2,000/-
Funeral expenses - `.. 25,000/-
Pain and suffering - `.. 10,000/- Loss of love and affection - `.. 1,00,000/- Loss of consortium - `.. 1,00,000/-
Total - `..7,32,000/-
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5. The amount will carry interest @ 9% per annum from the date of petition. There will be a direction to the Insurance Company to deposit the amount within a period of three months from the date of receipt of a copy of this judgment less the amount already deposited. The amount will be divided among the appellants in the ratio provided by the Tribunal.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.