Asha, J.,
The widow and parents of the deceased, who succumbed to the injuries sustained in a motor accident which occurred on 6.1.2009, when he was riding a motor cycle as being hit by another motor cycle, filed this appeal seeking enhanced compensation.
2. The appellants claimed that the deceased was working as a mobile mortuary operator and earning a salary of Rs. 6,000/- per month. He was aged 28 years.
3. Learned counsel for the appellants submitted that the amount awarded by the Tribunal is thoroughly inadequate. As against the claim for Rs. 10,00,000/-, a sum of Rs. 7,00,136/- alone was granted by the Tribunal.
4. We find that the Tribunal has reckoned the income at the rate of Rs.5,000/- per month. Therefore, we are of the view that the amount awarded towards dependency is reasonable. The Tribunal has awarded Rs.5,000/- towards funeral expenses. Similarly, towards loss of consortium the Tribunal awarded Rs.10,000/- only. No amount is seen awarded towards love and affection. In the light of the decision reported in Rajesh v.Rajbir Singh (2013 (3) KLT 89 (SC) a sum of of Rs. 25,000/- is admissible towards funeral expenses. An amount Rs.
1 lakh is admissible towards loss of consortium and Rs. 1 lakh each is admissible to the minor child towards love and affection. Towards loss of estate, we award a sum of Rs. 10,000/-. Accordingly, we modify the award as follows:
(Rupees Nine lakh Twenty thousand One hundred and Thirty six only).
5. Thus the claimants will be entitled to a total compensation of Rs. 9,20,136/- as compensation. From the enhanced compensation an amount of Rs. 1 lakh will be deposited in the name of the minor child/ 2nd appellant till she attain majority. Similarly, Rs. 25,000/- shall be paid to the 3rd appellant in addition to what is granted by the Tribunal, from out of the enhanced compensation.
6. We are of the view that the interest at the rate of 7.5% 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.
The appeal is allowed as above.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/-
True copy P.A to Judge