CHANDRAN Vs. DAMAYANTHI

JUDGEMENT

(1.) The claimants, parents, wife and children of the deceased in a motor vehicle accident, are in appeal claiming enhancement. Manikandan was driving a motor cycle on 30.03.2009, when a lorry hit the motor cycle causing grievous injuries to the motor cycle driver. The injured rider died on the same day. The deceased was asserted to be a dog catcher earning Rs.5,000/- per month.

(2.) The Tribunal adopted Rs.3,000/- as the notional income. 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 unorganised 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. Filial consortium can be granted on the basis of Magma General Insurance Co.Ltd. v. Nanu Ram and others, 2018 11 SCALE 247 = 2018(4) RCR (Civil)333.

(3.) Considering the fact that the accident occurred in 2009, when even a coolie would have obtained an amount of Rs.5,000/- per month, the notional income claimed by the legal heirs can be accepted. Notional income will be fixed at Rs.5,000/- per month. For future prospects, 40% has to be adopted. There has to be granted Rs.40,000/- each to the appellants as compensation for loss of filial consortium for parents, loss of spousal consortium for wife, loss of parental consortium for children, as per Magma General Insurance Co.Ltd. However an amount of Rs.5,000/- awarded for loss of love and affection would stand deleted. For funeral expenses, Rs.15,000/- has to be granted. Rs.1,500/- is granted for transportation expenses. Rs.15,000/- is granted for loss of estate. The claimants are also entitled to computation of loss of dependency by adding 40% to the notional income fixed for the deceased.