Asha,J. Appellants are the legal heirs of the deceased Abdullakutty. He sustained injuries in a motor accident which occurred on 17.09.2005 and succumbed to the same on 06.10.2005. The appellants filed OP(MV) 11/2008 before the Motor Accidents Claims Tribunal, Kozhikode seeking compensation to the tune of Rs.4,00,000/- urging that he was engaged in furniture polishing earning a sum of Rs.6,000/- per month.
2. The Tribunal passed an award for a sum of Rs.1,43,081/- at the rate of 7% per annum. The appellants are seeking enhancement in compensation on the ground that the income reckoned is too low and amount awarded under various heads are inadequate.
3. We heard the learned counsel appearing for the appellants as well as the learned Senior counsel for the Insurance Company.
4. It is seen that the income reckoned by the Tribunal at the rate of Rs.2,000/- is too low, as against the claim of the appellants, deceased was earning Rs.6,000/- and engaged in furniture polishing. The Apex Court has in Sayed Sadiq & others Vs United India Insurance & others-AIR 2014 SC 1052, held that the income of persons engaged in unorganized sector can be reckoned as Rs.4500/-, in a case where the accident occurred in 2004. We find it just to assess the compensation under the head loss of dependency, reckoning the income at the rate of Rs.3,000/- per month, adopting the very same multiplier-7 and deduction of 2/3rd for personal expenses. We also find that the amount awarded under the heads funeral expenses, loss of love and affection, pain and suffering, loss of earning, etc are also inadequate. Therefore, we find it necessary to modify the award as follows:-
Transport to hospital - Rs.2,000/- Damage to clothing - Rs.500/- Funeral expenses - Rs.25,000/- Loss of love and affection - Rs.35,000/- Treatment expenses - Rs.10,081/-
Pain and sufferings of victim - Rs.35,000/- Loss of companionship - Rs.35,000/- Loss of dependency - Rs.1,68000/- Loss of Estate - Rs.5,000/-
Rs.3,15,581/-
Thus, the appellants will be entitled to compensation as modified above.
5. The Tribunal has granted interest only at the rate of 7% per annum. In the light of the judgment of the Apex Court in
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 on the enhanced amount of compensation from the date of petition. At the same time it is seen that this Court, had by its order dated 11.04.2012, directed that the enhanced amount of compensation shall not carry interest during the period of 566 days, covering the delay in filing this appeal. Therefore it is made clear that insurance company need pay interest for the period excluding 565 days.
The Insurance Company shall deposit the entire amount within a period of three months, less the amount already deposited if any. The appellants can withdraw the amount in accordance with the ration fixed by the Tribunal.
Appeal is allowed accordingly.
T.R.RAMACHANDRAN NAIR Judge.
lsn P.V.ASHA, Judge.