Ramachandran Nair, J. The appellants are the claimants before the Tribunal, consequent on the death of one Johny in an accident occurred on 7.7.2009. He was riding a motor cycle having Reg. No.KL-8/AQ 3966 through Perumbillissery- Irinjalakuda public road. When he reached about 100 metres east to Perumbillissery junction a car having Reg. No.KL-10/AB 5849 which was driven by the second respondent before the Tribunal, hit the motor cycle.
2. The deceased was a Homoeo Doctor and the appellants claimed that he was having a monthly income of Rs.30,000/-. To support the same, Exts.A10 to A13 certificates in Homoeopathy showing the recognition, have been produced. Exts.A14 to A17 are copies of fixed deposit receipts in the name of the deceased, Ext.A18 is the order in Succession O.P.No.11/12 and Exts.A19 and A20 are the title deeds showing the assets earned by the deceased by the income from his profession.
3. Before the Tribunal, Exts.A21 to A32 were also produced to show that there were certain publications in the name of the deceased. Learned counsel for the appellants therefore submitted that the income assessed at Rs.5,000/- per month is too low. It is submitted that he was a very good Homoeo Doctor in his locality and had very good practice also. The Tribunal assessed the compensation in the following manner:
The dependants are the first appellant, the widow as well as the third appellant, his daughter who is stated to be deaf and dumb. We are definitely of the view that since the deceased was a Homoeo doctor, even though the income claimed is Rs.30,000/-, in the absence of any documentary support it will be reasonable to take Rs.10,000/- as monthly income. The compensation awarded towards loss of love and affection of the third appellant is only Rs.50,000/- and in the light of the decisions of the Apex Court, a sum of Rs.1 lakh can be granted. Apart from that, towards loss of estate, nothing has been granted and we grant Rs.1 lakh towards loss of estate. Therefore, the total compensation will be the following:
The appeal is allowed and the appellants will be entitled for a total compensation at Rs.9,31,030/- along with interest at 9% per annum from the date of petition. The insurance company is directed to deposit the entire amount of compensation less the amount already deposited, within a period of three months. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/