Asha, J. The appellants are the legal heirs of the deceased, viz. The widow, daughter and the mother of the deceased Abdul Nazar who met with an accident on 27.4.2013. The appellants approached this Court seeking enhancement of compensation. The deceased was riding a motor cycle when he was hit down by a lorry. On account of very serious injuries he was taken to the Medical College Hospital, Kozhikode wherein he succumbed to the injuries on 29.4.2013.
2. It is claimed that the deceased was an agricultural labourer and was aged 33 at the time of accident. The appellants claimed that the deceased was earning an income of Rs.15,000/- per month and sought compensation to the tune of Rs.7 lakhs. The Tribunal awarded a sum of Rs.5,23,041/- which was rounded off to Rs.5,23,045/- with interest at 8% per annum. Learned counsel for the appellants submitted that the amount awarded under various heads are thoroughly inadequate. The Tribunal awarded the compensation in the following manner:
3. We heard learned counsel for the insurance company also who opposed the claim for enhancement.
4. We find that the Tribunal has reckoned the income at the rate of Rs.5,000/- per month, which according to us, is just and reasonable, especially in the absence of any evidence and in accordance with the prevailing wage structure. However, it is found that the Tribunal granted only a sum of Rs.10,000/- towards funeral expenses, Rs.25,000/- towards loss of consortium and Rs.25,000/- towards loss of love and affection. Going by the judgment of the Apex Court in Rajesh v. Rajbir Singh (2013 (3) KLT 89 – SC), the appellants are entitled to a sum of Rs.25,000/-
towards funeral expenses, Rs.1 lakh towards loss of consortium and Rs.1 lakh towards loss of love and affection. Accordingly, we enhance the same at the rates as held by the Apex Court. Similarly, the Tribunal has awarded only a sum of Rs.5,000/- towards pain and suffering. The deceased was undergoing treatment after very grievous and severe injuries, in the Medical College Hospital from26.4.2013 to 29.4.2013. Therefore, we grant an enhancement of compensation under this head also to Rs.25,000/-. Therefore, the award is modified as shown below:
The appeal is therefore allowed and the insurance company is directed to deposit the entire amount of compensation (Rs.7,08,040/-) less the amount already deposited before the Tribunal, with interest at 9% per annum, within a period of three months. The appellants shall pay balance court fee for the enhanced amount of compensation. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/