Ramachandran Nair, J.,
The parents of the deceased Sanjit Sahni aged 19, are before this Court aggrieved by the inadequacy of compensation. He was standing near the bust stop at Thaikkavu on Seaport Airport road, Kakkanadu, near Kochi city. The accident occurred on 16.10.2010 at 5.15 p.m two vehicles are involved in the accident. One a mini lorry bearing Registration No.KL-2U/8217 which was coming from north to south at a high speed and the said mini lorry stopped on the road without giving any signal. A tanker lorry bearing registration No. KL-36 2534 which came from behind and hit o the rear side of the mini lorry and the driver of the tanker lorry lost control and it hit the deceased Sanjit Sahni. He sustained grievous injuries and he was taken to Sunrise Hospital, Kakkanadu and succumbed to the injuries at 9 p.m. on the same day.
2. The Tribunal found composite negligence on the part of the drivers of the both vehicles and apportioned equally. The total compensation claimed was Rs.8,82,000/-.
3. Learned counsel for the appellant submitted that the income arrived at by the Tribunal is very low. It is submitted that he was migrated from Bihar who had been in Kerala for employment. He was employed in a garment factory as tailor at Cochin Special Economic Zone, Kakkanadu and was getting daily wages of Rs. 300/-. The Tribunal has arrived at a notional income of Rs. 4,000/- in the absence of a any documentary evidence. Accordingly, family contribution after deducting 50% personal expenses, as he was a bachelor, is arrived at Rs. 24,000/-. The multiplier 14 was taken after considering the age of the parents. It is in evidence that the first appellant was aged 42 years and the 2nd appellant was 38 years at the time of the accident.
4. Learned counsel for the appellants submitted that Rs.
300/- per day for a person working in a garment factory cannot be said to be exorbitant. Whereas the learned counsel for the Insurance Company submitted that there was no positive evidence by way of any documents to prove the daily wages. We have considered the rival submissions. It is true that in a matter like this an exorbitant claim cannot be accepted by the court but still having regard to the realities in life and the attended circumstances, the court will be justified in fixing a reasonable amount as monthly income. Herein the accident occurred in the year 2010. Therefore, even if wherein taking a notional amount claimed viz., Rs. 300/- per day, according to us, Rs. 6,000/- per month can be taken as the monthly income for fixing just and fair compensation and we adopt the same.
5. 50% will have to be deducted for personal expenses and going by the judgment in Sarala Varma's case the multiplier will be 18 by considering the age of the victim and we adopt the same. Therefore, the dependency compensation will be Rs. 6,48,000/-. For funeral expenses we grant Rs. 25,000/- in tune with the decision of the Apex Court. Learned counsel for the appellants submitted that for loss of love and affection only Rs. 20,000/- and for loss of estate only Rs. 5000/- was granted by the Tribunal. It is seen that the deceased was aged 19 years who was the earning member of the family of the appellants who are also only aged 42 and 38 years at the time of the accident. Therefore, we award an amount of Rs. 50,000/- together to the appellants for love and affection and Rs. 15,000/- towards loss of estate.
6. Accordingly, we modify the award as follows;
The total compensation will be Rs. 7,57,500/-
7. We are of the view that the interest at the rate of 8.% p.a. is too low and we fix the interest at the rate of 9% p.a from the date of petition 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]. The Insurance Company is directed to deposit the entire amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment.
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
P.V.ASHA (JUDGE)