Asha, J. The legal heirs of the deceased who succumbed to the injuries sustained in a motor vehicle accident, which occurred on 25.5.2011 have filed this appeal seeking enhancement of compensation. The deceased was travelling in an autorickshaw which overturned, on account of which he sustained very serious injuries. He was immediately taken to the Medial College Hospital, Thrissur and while undergoing treatment, he expired on 2.6.2011.The widow, child and mother filed the claim petition seeking compensation to the tune of Rs.9 lakhs. They have approached this Court seeking enhancement alleging that the amount awarded under various heads are thoroughly inadequate.
2. The deceased was engaged in construction work and was getting a sum of Rs.6,000/- per month. The Tribunal reckoned his monthly income at Rs.3,500/- per month. After reckoning 30% future increase, the compensation was assessed and Rs.48,600/- was determined as the annual income for the purpose of granting compensation. The deceased was aged 36 years at the time of accident.
3. We find that the Tribunal has awarded only a sum of Rs.5,000/- towards funeral expenses, Rs.20,000/- towards loss of love and affection and Rs.25,000/- towards loss of consortium. In the light of the judgment of the Apex Court in Rajesh v. Rajbir Singh (2013 (3) KLT 89 -SC), a sum of Rs.25,000/- is admissible towards funeral expenses and Rs.1 lakh each under the heads “loss off love and affection and loss of consortium at the rate of Rs.1 lakh each. Therefore we refix the compensation under those heads accordingly. Considering the wage structure at the relevant time, we find that the monthly income of the deceased ought to have been reckoned as Rs. 6000/- as claimed. Therefore the amount awarded under loss of dependency is re-fixed as Rs.6,00,120/- adopting the multiplier of 15 and the monthly income at Rs.6,000/- and deducting 1/3rd towards personal expenses. It is seen that the deceased was hospitalised on 25.5.2011 and he succumbed to the injuries after a period of eight days. The Tribunal has awarded a sum of Rs.10,000/- only towards pain and suffering. We refix the same at Rs.35,000/-. It is seen that no amount is awarded towards loss of estate and we grant an amount of Rs.50,000/- towards loss of estate. Thus, the appellants will be entitled to the enhanced compensation in the following manner:
Accordingly, the appeal is allowed and the appellant will be entitled to a total compensation of Rs.10,53,720/-, which is rounded off to Rs.1053700/;. The insurance company is directed to deposit the entire amount along with interest at 9% per annum from the date of petition till realisation less the amount already deposited. The claimants are entitled to withdraw the amount in accordance with the proportion as fixed by the Tribunal.
It is seen that the appellants have remitted court fee only for a sum of Rs.9 lakhs. Therefore, the appellants shall remit court fee for the difference in the amount awarded.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/