Asha, J.
The widow and the children of deceased Sahadevan who died in a motor accident, on being knocked down by the KSRTC bus while he was riding his bicycle have approached this Court seeking enhancement in compensation. It is stated that he was engaged in coir business and was earning `6,000/- per month. He was aged 63 at the time of the accident. The claim petition was filed seeking compensation to the tune of `6,90,000/-. The Tribunal awarded a sum of `1,88,000/-.
2. The learned counsel for the appellant submits that the amount awarded including the income reckoned is too low.
3. We heard the learned counsel appearing for the KSRTC also who submitted that the award is fair and reasonable and no enhancement is necessary.
4. We find that the Tribunal has reckoned the monthly income as `3,000/- and assessed the dependency income on the basis of the same and no enhancement is necessary on that count. Further, the Tribunal has awarded only a sum of `5000/- towards funeral expenses. In the light of the judgment of the Supreme Court in Rajesh v.Rajbir Singh ( 2013 (3) KLT 89 (SC), `25,000/- is admissible towards funeral expenses. We accordingly enhance the same as `25,000/-. Under the head of loss of love and affection, the Tribunal has awarded only `15,000/-. We find it just to enhance the same to `50,000/-. Under the head of loss of consortium, a sum of `10,000/- alone is seen awarded. We find it necessary to enhance the same to `50,000/-.
5. Accordingly, the award is modified as follows :
6. The amount will carry interest @ 9% per annum from the date of petition. The Insurance Company shall 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 apportioned on the very same ratio as directed in the award.
The appeal is accordingly allowed.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.