SUMATHY Vs. BABU

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 29/2/2016 passed by the High Court of Kerala at Ernakulam in MACA No. 1376 of 2006 and order dtd. 22/6/2016 passed in RP No. 461 of 2016 in MACA No. 1376 of 2006, the original claimants have preferred the present appeals.

(2.) In a vehicular accident which occurred on 22/1/2002, the husband of the first appellant died. At the relevant time, he was working as mason and aged 48/52 years. The appellants - original claimants - widow and other dependent children filed a claim petition before the Motor Accident Claim Tribunal, Preumbavoor (hereinafter referred to as the 'Tribunal'). The Tribunal awarded a total sum of Rs.3,05,000.00 under different heads along with interest @ 7% per annum from the date of filing the claim petition. While determining the compensation, the Tribunal considered the income of the deceased at Rs.1,800.00 per month and thereafter after deducting 1/3rd towards personal expenditure and applying the relevant multiplier awarded the amount of compensation towards loss of dependency at Rs.1,87,200.00.

(3.) Having heard learned counsel for the respective parties at length and assuming that the income of the deceased at the relevant time is considered at Rs.3,000.00 per month, in that case also, while awarding loss of dependency, future prospects and rise in income ought to have been considered. We are of the opinion that in the facts and circumstances of the case, if 25% of Rs.3,000.00 per month is considered towards future prospects and rise in income and thereafter loss of dependency is determined, it can be said to be just compensation. Thus, the claimants shall be entitled to a total sum of Rs.4,25,000.00 under different heads along with interest @ 9% per annum as awarded by the High Court from the date of filing the claim petition till its realization.