SAJITHA M Vs. T.P.RIYAS

JUDGEMENT

(1.) The appeal is filed by the claimant. The appellant's minor daughter succumbed to an accident, which was caused by rash and negligent driving by the 2nd respondent, of a bus belonging to the 1st respondent. The minor child was 9 years old at the time of her death. The accident happened on 12/11/2004. The Tribunal awarded a sum of Rs.77,000.00 as compensation. Aggrieved by the quantum of the compensation, the claimant has filed this appeal.

(2.) The main contention raised by the counsel for the appellant is that the Tribunal went wrong in assessing the compensation under the head loss of dependency as Rs.50,000.00. The counsel submits that going by the decision of this Court in National Insurance Company Limited V. Assainar reported in [2019 (4) KLT 39], in the case of a minor who died in an accident in the year 2004-2005, a sum of Rs.41,000.00 should be taken as the annual income and the multiplier of '15' should be adopted to arrive at the compensation for loss of dependency. It is submitted that one third of the amount is to be deducted towards own expenses of the deceased. The counsel further submits that the Tribunal ought to have granted a sum of Rs.15,000.00 towards funeral expenses in the place of Rs.3,000.00 and a sum of Rs.15,000.00 towards loss of estate. It is further submitted that the amount awarded under the head loss of love and affection is also very less. The counsel for the Insurance Company submitted that as far as loss of consortium is concerned, the amount is liable to be enhanced by a sum of Rs.30,000.00. However, it is submitted that the amount of Rs.10,000.00 awarded by the Tribunal towards pain and suffering of the victim is not warranted since the legal representatives cannot claim compensation under the above said head. The above submission is justified.

(3.) Having considered the rival contentions, I am of the opinion that the amount awarded by the Tribunal has to be modified in the following manner: