ALEYAMMA K.S Vs. HARIKUMAR T.S

JUDGEMENT

(1.) The claimants before the Additional Motor Accident Claims Tribunal, Pathanamthitta have preferred this appeal claiming enhancement of the compensation. The appellants are legal representatives of deceased Mathew. The deceased, who was 49 years, while riding a motor cycle, was hit by a private bus on 6/5/2013. He sustained severe injuries and later succumbed to the injuries. The legal representatives preferred the claim.

(2.) It was stated that the deceased was a painting contractor, who was having more than Rs.10,000.00 as monthly income. It is their grievance that the Tribunal considered only Rs.5,000.00 as his monthly income. It is pointed out by the learned counsel for the appellant that the wife of the deceased had given oral evidence regarding the income, but the Tribunal has wrongly fixed it at Rs.4,500.00. It is further submitted that going by the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co.Ltd., reported in [AIR 2011 SC 2951], even in the case of a coolie, the notional income in an accident which happened in 2013 ought to have been fixed at Rs.9,000.00. It is also submitted that the appellants are entitled to have the income increased by 25% towards future prospects. Regarding the conventional heads, it is seen that an amount of Rs.5,000.00 alone was granted towards loss of estate, while a sum of Rs.25,000.00 was granted towards funeral expenses. The appellants are entitled to Rs.15,000.00 as compensation on each of the above two heads. A sum of Rs.3,50,000.00 is seen awarded under the head loss of love and affection and loss of consortium. The four appellants together will be entitled to a total sum of Rs.1,60,000.00 (40,000/- each) as against the sum of Rs.3,50,000.00, which is awarded. That is, a sum of Rs.1,90,000.00 will have to be reduced under that head. The calculation under loss of dependency will have to be re-worked on the basis of the monthly income of Rs.9,000.00 increased by 25% future prospects. The monthly income along with future prospects will come to Rs.11,250.00. The compensation payable towards loss of dependency would hence work out to Rs.13,16,250.00

(3.) In the light of the above findings, the compensation awarded by the Tribunal is liable to be enhanced and modified in the manner shown in the table below: