SUMA K.K. Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The legal representatives of the deceased have filed this appeal seeking enhancement of the compensation which has been awarded by the Motor Accidents Claims Tribunal, Thalassery.

(2.) On 16/11/2004, while the deceased was walking along the road, he was hit by a bus driven by the 2nd respondent in a rash and negligent manner. The deceased sustained injuries and was hospitalised on 16/11/2004 itself. He succumbed to the injuries on 10/11/2005. The claim petition was originally filed when he was alive. Later, his legal representatives were brought on record. The Tribunal awarded a sum of Rs.11,24,284.00 as against a claim for Rs.12.00 lakhs. Aggrieved by the amount awarded by the Tribunal, the claimants are before this Court.

(3.) The deceased was 42 years at the time of the accident. The appellants claim enhanced compensation under the heads Loss of dependancy, loss of estate, funeral expenses and loss of consortium for spouse and children. The Tribunal has fixed a notional income of Rs.3,500.00. The claim had been filed stating that the deceased was doing business and was earning a sum of Rs.12,000.00 per month. In order to prove the occupation and income, his wife has tendered evidence as PW1. She has stated that the deceased was earning Rs.400.00 per day from his business. It was also contended that the deceased was having an autorickshaw from which also income was being earned. It is submitted that even going by the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co.Ltd., reported in [AIR 2011 SC 2951], the notional income was liable to be fixed at Rs.4,500.00. It is also submitted that the amounts awarded towards funeral expenses is to be increased by a sum of Rs.5,000.00, towards loss of estate is to be increased by a sum of Rs.10,000.00 and, loss of consortium is also claimed to be on the lower side.