Asha, J.
The claimants on the file of the Motor Accidents Claims Tribunal, Ernakulam are the appellants herein seeking enhancement of compensation. The appellants are the wife and children of deceased Mohanan. When the deceased was walking through the eastern side of the Thripunithura-Poothotta Road, he was hit by a jeep bearing Reg.No.KL5N 2829 and he was knocked down. He died on the spot. The claimants claimed that the deceased was a fisherman earning a monthly income of ` 7,000/-. The Tribunal below granted compensation to the tune of ` 5,22,000/- under various heads.
2. The learned counsel appearing for the appellants submitted that the compensation awarded under various heads is inadequate. It is submitted that the monthly income reckoned was only `. 5,000/- as against their claim of ` 7,000/-. Similarly, it is stated that the amount awarded for pain and suffering, loss of love and affection and loss of consortium etc. are thoroughly inadequate.
3. On going through the records as well as the judgment and after hearing the learned counsel on both sides, we feel that the compensation awarded under certain heads are inadequate. At the same time, it is seen that the Tribunal was not wrong in reckoning the monthly income as `.5,000/- as there is no evidence in support of the claim of the appellants to show that the monthly income was more than `.5,000/-. At the same time we find that the Tribunal has awarded only a sum of ` 10,000/- towards funeral expenses. Going by the decision of the Apex Court in 2013(3) KLT 89(SC) ( Rajesh v. Rajbir Singh), the appellants are entitled for a sum of ` 25,000/- towards funeral expenses. Similarly, for love and affection, the Tribunal has granted only ` 30,000/-. It is seen that the deceased has left behind his wife and two children. Therefore the children are entitled for ` 1,00,000/- towards loss of love and affection and the wife is also entitled to ` 1,00,000/- towards loss of consortium. It is seen that the Tribunal has not awarded any amount towards loss to the estate. Therefore, we award a sum of ` 20,000/- towards loss to the estate. Accordingly, the appellants would be entitled to get the compensation enhanced as follows :
Loss of love and affection - `.1,00,000/- Loss of consortium - `. 1,00,000/-
Loss to the estate - `. 20,000/-
Total - `. 7,02,000/-
============== ( Rupees seven lakhs two thousand only)
4. Regarding the interest, it is seen that the Tribunal as awarded interest @ 8% per annum. Going by the decision of the Apex Court in Supedi v. National Insurance Company Ltd. ( 2009 (4) SCC 513), we feel that interest can be awarded @ 9% per annum.
Ordered accordingly. The Insurance Company shall deposit the compensation amount less the amount already deposited within a period of three months. The deposit, if any, already made can be withdrawn by the claimants.
T.R.RAMACHANDRAN NAIR, JUDGE sv. P.V.ASHA, JUDGE