SALIM Vs. SIVANANDAN K.S.

JUDGEMENT

(1.) The appellants/claimants are aggrieved with the compensation awarded and seeks enhancement. The appellants are the legal heirs of the deceased in a motor vehicle accident. The accident occurred on 09.11.2015 while the deceased was riding pillion on a motor cycle. The offending vehicle was driven by the 1st respondent in a rash and negligent manner. The vehicle was covered by a valid insurance policy and the driver had a proper driving licence. The Insurance Company's liability to indemnify the owner is not disputed. Negligence was also found on the respondent driver.

(2.) The learned Counsel for the appellant only seeks for enhancement of loss of dependency as also compensation for loss of love and affection. It is argued that as far as loss of dependency is concerned the Tribunal should have adopted at least Rs.10,000/- as monthly income though the deceased was only a Coolie. For a Coolie, the Hon'ble Supreme Court had arrived at a monthly income of Rs.4,500/- in the year 2004 as has been held in Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) AIR SC 2951]. Going by the decision in Magma General Ins.Co.Ltd. v. Nanu Ram [2018 ACJ 2782], the parents are entitled to compensation for loss of filial consortium.

(3.) The Tribunal has adopted Rs.5000/- as monthly income and has not granted any enhancement for future prospects. Going by National Insurance Co. Ltd. v. Pranay Sethi [2017 (4) KLT 662 (SC)] considering the age of the deceased, which is 18, 40% future prospects has to be added. Looking at Ramachandrappa, it is seen that the Hon'ble Supreme Court had adopted Rs.4500/- as monthly income for a Coolie in the year 2004 and had also declared that an amount of Rs.500/- should be added every year. Here the accident occurred in the year 2015, after 11 years. In such circumstances, safely a monthly income of Rs.9500/- can be adopted, to which 40% is added for future prospects. The monthly income adopted for determining loss of income hence would be Rs.13,300/-.