Ramachandran Nair, J. The parents and sister of an Engineering student who died in a road accident which occurred on 5.1.2009, are the appellants herein, aggrieved by the inadequate compensation. The accident occurred at 1.30 a.m. while he was riding a motor cycle bearing Reg.No.KL-45/A 1347 through Angamaly-Chalakudy Sector of NH 47. The offending vehicle is a goods vehicle bearing Reg.No.HR-38-J-8941 which came in the reverse direction without any signal and hit on the motor cycle. He sustained very serious injuries. He was immediately taken to Jubilee Mission Hospital, Thrissur. He died on the next day. ` 25 lakhs was claimed as compensation and `8,66,800/- has been awarded by the Tribunal as compensation.
2. The learned counsel for the appellants submitted that the monthly income claimed at `10,500/- as he was a final year B.Tech student was justifiable. It is submitted that he was in the final semester and had a part time job also at that point of time. It is submitted that the assessment of income at `3500/- is not reasonable.
3. The learned counsel for the Insurance Company submitted that in a similar case in Aravind Kumar Mishra v. New India Assurance Company Limited and Another [( 2010) 10 SCC 254] where the deceased was a student of Birla Institute of Technology, Mesra (BIT), the Supreme Court has assessed the future earnings at `60,000/- per annum.
4. In the light of the fact that he was a final year B.Tech student, that also in the final semester, he could have been placed at comfortable job with very good salary. Ext.A23 is the communication dated 17.03.2009 issued to him to attend an interview, which was issued by a Selection body of the Indian Navy, by a competent officer. In the decision reported in Aravind Kumar Mishra v. New India Assurance Company Limited and Another [( 2010) 10 SCC 254], we find that the accident occurred on 23.06.1993 and the Apex Court has taken the monthly salary as `5,000/- at par with a job in Government Service. Even though it is claimed @ `10500/- in this case, it will be reasonable to fix the monthly income at `8,000/- since the accident occurred in the year 2009. As rightly pointed out by the learned counsel for the Insurance Company instead of 50% deduction for personal expenses, the Tribunal has deducted 1/3rd only. Going by the judgment of the Apex Court in Sarla Varma v. Delhi Transport Corporation ( 2010 (2 ) KLT 802 (SC), 50% has to be deducted for personal expenses in the absence of exceptional circumstances, in the case of a bachelor and if that be so, the monthly contribution will be `4,000/-. The multiplier to be adopted going by the said judgment is 18 and we adopt the same and therefore the compensation for loss of dependency will be `8,64,000/-( 4000 x12x18).
5. The learned counsel for the appellant submitted that no amount has been granted for loss of love and affection, loss of estate and for mental shock and agony of the appellants.
6. The learned counsel for the Insurance Company submitted that `50,000/- awarded by the Tribunal for loss of expectation of life is not justified. But we are of the view that as far as the loss of expectation of life of the deceased is concerned, it is one of the items under which compensation can be granted. The Tribunal has granted compensation in the following manner :
7. We find that the deceased died on the next day of the accident and therefore we award a sum of `20,000/- towards pain and suffering since the injuries were of very serious nature. Towards loss of love and affection, we award a sum of `50,000/-. Towards mental shock and agony of the appellants, we award an amount of `25,000/-.
8. Accordingly, the appellants will be entitled for compensation as follows :
9. The amount will carry interest @ 9% per annum from the date of petition. The amount will be shared in the proportion already allowed by the Tribunal. The Insurance Company will 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 appeal is accordingly allowed. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE
P.V.ASHA, JUDGE
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