Asha, J.
The dependents of the deceased have filed this appeal seeking enhancement of compensation. The deceased met with an accident on 29.10.2012 at about 10.40 a.m. while he was travelling on a motor cycle as a pillion rider, on being hit by a stage carriage bus. He was immediately admitted in the Medical College Hospital, Kozhikode. He succumbed to the injuries on 1.11.2012. The deceased was aged 45 years at the time of the accident and was working as a Coolie. The appellants claimed that he was earning `15,000/- per month. The Tribunal awarded a sum of `6,95,000/- as compensation under various heads. Complaining of the inadequacy in the compensation awarded by the Tribunal, this appeal is filed.
2. We have heard the learned counsel appearing for both sides.
3. We find seen that the deceased was admitted in the hospital on account of very serious injuries on his head and succumbed to the injuries after undergoing treatment for a period of four days. The Tribunal has awarded only `5,000/-
towards pain and sufferings. In view of the grievous nature of injuries sustained by the deceased and the pain and sufferings undergone by him till his death, we find that a sum of `25,000/- is to be awarded under this head, in the light of the judgment of the Apex Court in Rajesh v. Rajbir Singh [2013 (3) KLT 89 (SC)]. The Tribunal has awarded a sum of `8,000/- towards loss of estate; we enhance the same to `25,000/-. The widow/first petitioner is entitled to loss of consortium to the tune of `1,00,000/- as against the sum of `50,000/- awarded by the Tribunal, in the light of the judgment of the Apex Court cited supra. Accordingly, we modify the award as under :-
The appellants will be entitled to get the compensation enhanced to `7,97,000/- (Rupees Seven Lakhs Ninety Seven Thousand only). We find that the Tribunal has awarded interest only at the rate of 8% per annum. In view of the Apex Court judgment Supe Dei (Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009) 4 SCC 513], the appellants will be entitled to interest at the rate of 9% per annum from the date of petition till realisation. The entire amount towards modified award will be deposited by the Insurance Company within a period of three months from today, less the amount already deposited before the Tribunal.
The appeal is allowed accordingly.
Sd/-
T. R. RAMACHANDRAN NAIR, JUDGE.
Sd/- P.V.ASHA, JUDGE.
//True copy// P.A. To Judge Jvt