RAPHEL Vs. TONY NIRMAL

JUDGEMENT

(1.) The appellants are the parents and brother of the deceased in an accident. The deceased was aged 26 and was working as a mason when the accident occurred in which he died. The accident was insofar as the motor cycle carrying two pillion riders met with an accident. The driver of the motor cycle was found to be negligent. The compensation was computed and awarded. The Insurance Company was directed to pay the entire amounts.

(2.) The learned counsel appearing for the appellants/claimants sought for enhancement of the compensation. It is submitted that the notional income adopted at Rs.5,500/- is very low. The claimants asserted an income of Rs.12,000/- in the year 2013 for a mason. It is submitted that the deceased was under inpatient treatment for sixteen days before his death and he should be granted some amounts for extra nourishment and the award for pain and suffering also should be enhanced. It is also submitted that there was no amounts granted for loss of estate and no addition was made for future prospects as available to a twenty six year old person who is not regularly employed; at the rate of 40%.

(3.) The learned counsel for the Insurance Company assails the enhancement claimed and points out that under the head funeral expenses and loss of love and affection more amounts than permissible as per National Insurance Co. Ltd v. Pranay Sethi [2017(4)KLT 662(SC)] has been granted. It is also pointed that the appeal was filed with a delay of 237 days thus absolving the insurer from the liability, for the enhanced compensation awarded by this Court, of the interest liability during that period. A further contention is raised that since there were two pillion riders in the motor bike there is violation of conditions of policy and the Insurance Company should be permitted to recover the amounts from the owner.