THANKAMANI Vs. SATHYAN

JUDGEMENT

(1.) The appellants are the wife, children and mother of the deceased who died in an accident. The deceased was a pedestrian, was run over by a bus driven by the 1st respondent in a rash and negligent manner. He sustained injuries and died on the same day. The appeal is for enhancement.

(2.) Learned counsel for the appellants submits that the deceased was a blacksmith of age 53 years. The income asserted was Rs.5000/- per month.

(3.) The Tribunal adopted Rs.2,000/- 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. The income claimed in the application can be accepted.