YOHANNAN Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) The appellants are the parents and brother of the deceased in an accident. The deceased while riding a scooter was hit by a KSRTC Bus. The deceased succumbed to the injuries caused in the accident. He was aged 28 years on the date of the accident. The accident occurred on 10.04.2016. The appellants, the legal heirs claim that the deceased was a laundry worker earning Rs.30,000/- per month. The appellants seek enhancement of compensation under various other heads also under which the Tribunal granted compensation.

(2.) Though the appellants assert that the deceased was a laundry worker earning Rs.30000/- per month, nothing was produced to prove the employment or the income. There was also no returns produced to show the income tax payment. In such circumstances, the Tribunal adopted a notional income at Rs.9000/- and took 40% as future prospects. 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. Even a coolie would be entitled to Rs.10500/- in the year 2016. In such circumstances the notional income of the deceased can be fixed at Rs.11000/- per month.

(3.) There need be no enhancement for future prospects adopted by the Tribunal. The multiplier adopted by the Tribunal is also correct, considering the age of the deceased. The Tribunal has awarded Rs.50000/- for loss of love and affection. There could be no compensation granted for loss of love and affection. But however,compensation for loss of filial consortium can be granted on the basis of the decision in Magma General Insurance Co.Ltd. v. Nanu Ram and others, 2018 11 Scale 247 = 2018(4) RCR (Civil)333. The brother of the appellant though a legal heir, since has attained majority can not be granted any compensation especially since it has not been shown that he is a dependent. The amounts granted under loss of love and affection by the Tribunal is deleted. Compensation for loss of filial consortium at Rs.80000/- is granted to the parents. In such circumstances, the following enhancement is granted.