K.MEENU Vs. GIREESH KUMAR

JUDGEMENT

(1.) Three vehicles were involved in an accident in which the husband of the 1st appellant died. The deceased was riding a two-wheeler, when it was hit by a car. He fell on the road and a lorry ran over him. Both the driver and owner of the car and lorry were impleaded as also their insurers. There was no violation of conditions of policy. The negligence was apportioned at 50% each to the car and lorry, which has to be paid up by the respective insurers.

(2.) The claim is for enhancement. The appellants contended that the deceased was employed as a construction worker and was earning an amount of Rs.5,000/- per month. The Tribunal adopted only Rs.4,000/-. A coolie was fixed with a notional income of Rs.4,500/- per month in the year 2004, in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236]. The Hon'ble Supreme Court has also recognised the principle that there would be incremental enhancement in the case of even self-employed individuals in the un-organised sector (National Insurance Co. Ltd. vs. Pranay Sethi (2017)16 SCC 680). With respect to an unspecified job of a coolie considering the increase in cost of living and economic advancements over the years, it can be safely assumed that even a coolie would be eligible for incremental addition of at least Rs.500/- in every subsequent year. The accident occurred in the year 2006, when even a coolie would be entitled to Rs.5,500/-. Hence, a construction worker could definitely get an income of Rs.5,000/-. The notional income would be enhanced to Rs.5,000/-.

(3.) The future prospects has to be taken at 25% considering the age of the deceased as also the fact that he was not in a regular employment. The Tribunal had reduced an amount of 1/4th from the notional income for personal expenditure. When the dependant family has three members, 1/3rd of the income has to be reduced for personal expenses. Further, the multiplicand that could have been adopted is 14 and not 15 as adopted by the Tribunal. Loss of love and affection granted at Rs.25,000/- has to be deleted, but loss of consortium has to be calculated on the basis of the decisions in Magma General Insurance Co. Ltd. v. Nanu Ram @ Ram & Others [2018(4) RCR (Civil) 333].Loss of estate has to be granted at Rs.15,000/-.