Asha, J.
The parents and siblings of the deceased minor child who succumbed to the injuries on account of a motor accident have filed this appeal claiming enhancement of compensation. The accident occurred on 16.9.2007 at 9.15 a.m. while the deceased was walking along the side of the road on being hit by a bus. He succumbed to the injuries on the next day. The deceased was aged 10 years old at the time of the accident. A claim petition was filed seeking compensation to the tune of ` 5 lakhs. The Tribunal has passed an award for an amount of ` 3,41,765/-.
2. The learned counsel for the appellant relying on the judgment in Kishan Gopal and another v. Lala and others ( 2013
ACJ 2594) submitted that the assessment of the compensation under
the head of loss of estate and dependency is incorrect and the compensation have to be assessed reckoning the income atleast @ `3,000/- per month. In the light of the aforesaid judgment, we find that the notional income @ ` 25,000/- per annum ought to have been reckoned for the purpose of dependency. Hence we refix the amount under the head of loss of dependency at ` 3,75,000/- (25000 x 15). It is seen that the Tribunal has deducted 1/3 of the amount towards expenses. Going by the judgment, it is not necessary to deduct personal expenses as far as the children are concerned. But we find that the Tribunal has not awarded any amount for mental shock and agony. In the light of the fact that the deceased was only 10 years old and was a student and considering the mental shock and agony that would have suffered by the parents, we find it necessary to award a sum of ` 25,000/- under this head.
3. Thus the appellant will be entitled to compensation as follows :
4. The amount will carry interest @ 9% per annum from the date of petition. There will be a direction to the Insurance Company to deposit the amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment. The amount will be disbursed to the appellants in the ratio provided in the award by the Tribunal.
The appeal is allowed to the above extent.
T.R.RAMACHANDRAN NAIR, JUDGE sv P.V.ASHA, JUDGE