Ramachandran Nair, J.
This appeal is filed by the claimants consequent to the death of one Gireesh in a motor vehicle accident. Appellants 1 and 2 are the parents and appellant No.3 is the younger brother of the deceased. The accident occurred on 25.07.1999. He was a pillion rider in the motor cycle which was knocked down by a mini lorry. The Tribunal found negligence on the part of the driver of the offending vehicle. As far as the present appeal is concerned, we are only called upon to consider the adequacy of the compensation.
2. We heard the learned counsel for the appellant and the learned counsel for the Insurance Company.
3. According to the learned counsel for the appellants, the monthly income has been taken only @ Rs.2000/- per month in spite of producing Exts.A5 and A12 to show the income of the deceased. The deceased was working as a Fitter and Ext.A5 is of the year 1995 wherein the rate of pay is shown as Rs.2,400/- per month, whereas in Ext.A12 payment is on daily basis at Rs.250/-. As rightly pointed out by the learned counsel for the Insurance Company, Ext.A5 may not be helpful. As far as Ext.A12 is concerned, the objection is that it is not properly proved by examining the person who issued the same.
4. We find from the documents produced by the appellants that the deceased was a qualified ITA certificate holder and Ext.A8 is the document produced in support of the same. In a matter like this even if direct documentary evidence is not available, this Court will be justified in assessing a reasonable amount for quantifying the compensation. Even though the learned counsel for the appellant submits that it should be as claimed by the appellants namely @ Rs.6000/- per month, since the accident is of the year 1999, we are of the view that we will be justified in fixing the monthly income at Rs.3,000/-. 50% will have to be deducted for the personal expenses of the deceased. Going by the judgment in Sarla Varma v. Delhi
Transport Corporation ( 2010 (2 ) KLT 802 (SC), (paragraph 40),
the multiplier will be 18. We adopt the same. The Tribunal has awarded a total amount of Rs.2,20,000/- out which Rs.3000/- has been granted towards funeral expenses, Rs.2,000/- towards treatment expenses, Rs.2,000/- towards transportation charges and Rs.5,000/- for pain and suffering. Since the accident is of the year 1999, we fix an amount of Rs.15,000/- for funeral expenses. It is also seen that nothing has been granted towards loss of estate and we fix an amount of Rs.10,000/- towards loss of estate.
5. Accordingly the total compensation will be as follows :
Funeral expenses - Rs.15,000/-
Treatment expenses - Rs.2,000/-
Transportation charges - Rs.2,000/-
Pain and suffering - Rs.5,000/-
Loss of dependency - Rs.3,24,000/-
( 1500 x 12 x 18) Total - Rs.3,48,000/-
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6. It is submitted by the learned counsel for the Insurance Company that there is a delay of 580 days in filing the appeal. We are of the view that for the above period, the appellants will not be entitled for payment of interest. For the other periods, the amount will be paid with 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. On such deposit being made, we permit the appellants 1 and 2 to withdraw the amount also.
The appeal is accordingly allowed. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.