Ramachandran Nair , J.,
Appellants are claimants before the Tribunal and they are aggrieved by the inadequacy of compensation. Appellant No. 1 is the mother of the deceased Sri. Joji George who met with an accident on 21.8.2005 at 3.30 p.m. He was travelling in Mahindra Scorpio bearing Registration No.KA-04/MJ-1249 from Bangalore to Sulthan Bathery. The driver lost control over the vehicle and the vehicle hit on a tree on the left side of Bangalore-Calicut N.H.highway and he died on the way to hospital.
2. Learned counsel for the appellant submitted that he was a nursing student after completing B.com degree and the claimants raised a claim for Rs. 10 lakhs and what is granted is only Rs. 1,05,500/- by taking a notional monthly income.
3. It is also submitted that the amount granted on various heads are inadequate.
4. We find from paragraph 9 of the award that before the Tribunal, Ext.A11 S.S.L.C. Book and Ext.A12 course Certificate were produced. It shows that he had completed one year General Nursing and Midwifery course for the academic year 2004-2005 and Ext.A13 shows that he had already acquired B.com degree etc. By holding that as he was a nursing student, the notional income of Rs.2,000/- alone can be arrived at, the Tribunal then adopted the multiplier only as 5 taking the age of the mother. Accordingly, dependency has been calculated. The said method is not the correct one. The age of the deceased will determine the multiplier. As regards the multiplicand is concerned, since he had already acquired a degree and was shortly expected to complete the course also, we are of the view that since the accident occurred in 2005, the notional income at the rate of Rs. 4,500/-per month can be adopted. Being a bachelor, 50% will have to be deducted for personal expenses and therefore, dependency will be Rs.2,250x12x17=4,59,000/-.
5. For pain and suffering we grant an amount of Rs.10,000/-. Towards loss of love and affection we grant Rs.100000/-. For funeral expenses an amount of Rs.5,000/- alone is granted, which is enhanced to Rs.25,000/-. Thus the total compensation will be Rs. 5,99,500/-. Accordingly, we modify the award as follows:
(Rupees Five lakh Ninetynine Thousand Five hundred only)
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.
7. Since it is directed by this Court while condoning the delay of 366 days in fling the appeal by order dated 25.7.2012, that for that period, enhanced compensation will not carry interest, we reiterate the same.
The appeal is allowed.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
Sd/- P.V.ASHA (JUDGE) True copy P.A to Judge