Ramachandran Nair, J. This appeal is filed by the Insurance Company aggrieved by the award passed by the Tribunal.
2. Mainly it is the quantum that is in dispute. Therefore, we are not going into the details of the accident and other findings. The deceased was aged 46 years at the time of the accident and the 1st petitioner before the Tribunal, his widow was aged 44, the major son was aged 21 and the two other children were minors at the time of the accident.
3. The Tribunal has awarded a total sum of Rs.17,59,923/- as compensation as per the details shown below:
4. The main attack is against the grant of amount towards loss of love and affection and loss of consortium. The learned counsel for the Insurance Company submitted that the amount is on a higher side.
5. The learned counsel for the respondent submitted that the Tribunal below has relied upon the judgment of the Apex Court in Rajesh v. Rajbir Singh (Supreme Court) [2013(3) KLT 89(SC)] and he further relied upon the recent judgment of the Apex Court in Municipal Corporation of Delhi v. Association of Victims of Uphaar Tragedy [2014 ACJ 1388]. It is submitted that towards loss of estate only Rs.5,000/- has been granted and therefore the award does not require any modification.
6. In fact the Apex Court in a recent judgment reported in Union of India vs. Raj Kumar Baghal Singh (dead) Th. LRS. & Ors. [2014 (10) SCALE 365] has referred to various judgments wherein the principles in regard to the assessment of compensation, have been laid down. After referring to the judgments in Rajesh & Ors. v. Rajbir Singh & Ors. [(2013) 9 SCC 54] and Amrit Bhanu Shali & Ors. v. National Insurance Co. Ltd. & Ors. [(2012) 11 SCC 738], in para.18 their Lordships have granted Rs.1 lakh towards loss of love and affection, Rs.1 lakh towards loss of estate and Rs.1 lakh towards loss of consortium.
7. Herein, going by the particular facts of this case, it is clear that one of the sons was a major at the time of the accident. But we find that towards loss of estate even though the amount that can be granted is Rs.1 lakh, only Rs.5,000/- has been granted.
8. The Tribunal has assessed Rs.3 lakhs towards loss of love and affection which is excessive. Therefore, we modify the same and fix Rs.1 lakh towards loss of love and affection. But towards loss of estate only Rs.5,000/- has been granted and we refix the same and award Rs.1 lakh towards loss of estate and accordingly we readjust the compensation as follows:
9. Therefore as against the total amount of Rs.17,59,923/- fixed as compensation, after our refixation it will be Rs.16,54,923/- and the appeal is allowed to that extent.
10. Since it is pointed out that cost is granted in proportionate to the amount awarded, we refix the total cost allowed by the Tribunal at Rs.1 lakh and the award is modified accordingly.
11. It is submitted by the learned counsel for the respondent that the minor children have become major. Therefore, we allow the claimants to withdraw the amount deposited in tune with the proportion fixed by the Tribunal. If any excess amount has been deposited before the Tribunal by the Insurance Company in terms of the award of the Tribunal, it will be refunded back to the Insurance Company. No costs.
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T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge