VIJAYALAKSHMI RAMACHANDRAN Vs. K V JOSE

JUDGEMENT

(1.) THE claimants are the appellants. THEy are the wife and a minor child of a deceased person, who suffered injuries in a motor accident and succumbed to the injuries. THE Tribunal awarded a total amount of Rs.4,75,500/- as compensation (notwithstanding the apparent error committed in the operative portion of the award) along with interest @ 7% per annum and cost against a total claim of Rs.6 lakhs.

(2.) THE amount of Rs.4,75,500/- was awarded as follows:-

(3.) THE learned counsel for the appellants then contends that the amount of compensation awarded under the head of loss of love and affection (Rs.15,000/-) and loss of consortium (Rs.5,000/-) are painfully low. THE wife was aged less than 35 years on the date of death of her husband and the minor child was aged 5 years on the date of death of her father. We do agree that a higher amount can reasonably be awarded as compensation under the head of love and affection which we fixed at Rs.20,000/-. For loss of consortium, only an amount of Rs.5,000/- has been awarded. Realistically, the Tribunal should have reckoned an amount of Rs.20,000/- as the quantum of compensation payable under that head, we agree.