MARIYAMMA AND ORS. Vs. GOPI AND ORS.

JUDGEMENT

(1.) THE appellants are respectively the widow, children and mother of Sri. A.V. Varghese, who died in a motor vehicle accident on 10.04.1999. The accident occurred at 10.45 a.m. and he died on the same day while undergoing treatment in NSS Medical Mission Hospital, Pandalam. He was travelling in a private bus bearing registration No. KRA 6624 by name Rajaram. Near Mar Thoma Church at Ulavukadu, when the driver applied brake suddenly, the deceased was thrown away from the bus and grave injuries were caused to him.

(2.) THE total amount of compensation claimed is Rs. 4 lakhs. The Tribunal has awarded an amount of Rs. 2,10,900/ - with interest at the rate of 7.5% per annum. While awarding compensation, the Tribunal has fixed the monthly income at Rs. 2,500/ -. It was contended that the deceased was a rubber tapper and was collecting latex under M/s. Jacob Kottarathil Vilayil, Pallickal East. The Tribunal after assessing the evidence fixed the amount at Rs. 2,500/ -, which according to the learned counsel for the appellants do not reflect the amount of wages a rubber tapper was earning during the said period. PW1 was examined in support of the claimants. The Tribunal did not accept the case fully since the employer has not been examined. We are of the view that a reasonable assessment will have to be made for fixing a just and fair compensation.

(3.) THE learned counsel sought for further enhancement towards loss of consortium, loss of love and affection and funeral expenses. It is also pointed out that no amount has been granted for loss of estate. In the light of the decision in Rajesh & Ors. v. Rajbir Singh : [2013 (3) KHC 212 (SC) and other subsequent decisions, the appellants are entitled to be granted more amounts towards loss of consortium, loss of love and affection and funeral expenses. For pain and suffering Rs. 10,000/ - has been granted by the Tribunal, which we confirm. We are also of the view that a reasonable amount ought have been granted on the remaining heads. Accordingly, we refix the compensation as shown below: