Asha, J.,
The legal heirs of deceased Arjun, has filed this appeal, seeking enhancement of compensation. The deceased, who was aged 11 years, met with an accident on 25.7.2009, while he was walking along through Mala-Annamanada public road, on being hit by a K.S.R.T.C bus bearing registration No. KL-15/3692. The claim petition was filed seeking compensation to the tune of Rs. 4,13,000/-. The Tribunal passed an award for Rs. 2,77,500/ along with interest at the rate of 7.5% p.a.
2. . The appellants claim enhancement on the ground that the compensation awarded under various heads is inadequate. The Tribunal reckoned the notional monthly income of the dece-assed at the rate of Rs. 2000/- and deducted 50% towards expenses. The amount awarded under the head funeral expenses and love and affection are also low.
3. Learned counsel appe ring for the appellant relying upon the judgment reported in Kishan Gopal and another V. Lala and others [2_013 ACJ 2594] submitted that the notional income was liable to be taken as Rs.2,500/- and deduction should not have been made towards personal expenses, since, the deceased was aged only 11 years at the time of accident. Going by the dictum laid down by the Apex Court, we find that, in the case of children under this age group of the deceased, it is necessary to reckon the notional income as Rs. 30,000/- p.a,for assessing the compensation. Simi rly the multiplier to be adopted is 15 as against the 18 adopted by the Tribunal. We therefore re fix the compensation under the head 'loss of benefit to the legal representatives of the deceased' adopting the multiplier of 15 and monthly ·income @ Rs. 2500/-. Towards funeral expenses, th Tribunal has awarded Rs. 10,000/- only, where_as a sum of Rs. 25,000/- is admissible, going by the decision of the Apex Court reported in Rajesh v. Rajbir Singh (2013 (3) KLT 89 (SC). Hence we re-fix the same as Rs.25,000/- Similarly, under the head love and affection Rs. 1,00,000/- is admissible as against Rs. 15,000/- awarded by the Tribunal. Accordingly, we modify the award as follows:
4. We are of the view that the interest at the rate of 7.5% p.a. awarded by the Tribunal is too low and we fix the interest at the rate of 9% p.a from the date of the petition in the light of the decision of the apex court reported in Supe Dei{Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513].
5. Accordingly, the Insurance Company is directed to deposit the entire amount along wi h interest at the rate of 9% within a period of three months less the amount already deposited if any. The appellants shall remit the court fee in excess of the claim before the Tribunal and the enhanced amount shall be disbursed only after remitting the court fee.
The appeal is allowed as above.
T.R.RAMACHANDRAN NAIR
(JUDGE)
P.V.ASHA
(JUDGE)
AL/-
MACA N0.1793/2014 CF) The Judgment dated 26/11/2014 in MACA 1793/14 stands corrected as follows as per order date 14/07/2022 1793/2014.
in I .A.No.1/2022 in MACA The words " insurance company" occurred in the first line of paragraph No.5 of the judgment dated 26.11.2014 is correc;:ted as ''the 1st respondent 11·• Sd/ DEPUTY REGISTRAR