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Judgment
A.V. Ramakrishna Pillai, JJ.—The appellants are the parents and siblings of one Venu who met with his death in a road traffic accident occurred on 12/05/99. Allegedly while the deceased was riding on the pillion of a scooter, the vehicle capsized. The deceased who was thrown down sustained very serious head injuries. He succumbed to the injuries on the fifth day while undergoing treatment. The deceased who was 26 years old at the time of the accident was a Goldsmith and was unmarried. Against the claim of Rs. 7 lakhs, the learned Tribunal awarded a sum of Rs. 1,74,550/- as compensation. The adequacy of the compensation is under challenge in this appeal.
We have heard the learned counsel for the appellants and the learned counsel for the 3rd respondent Insurance Company.
The main challenge advanced by the learned counsel for the appellants is that though the deceased was earning a monthly salary of Rs. 4,500/- , the learned Tribunal fixed monthly income of the deceased at Rs. 1,500/- . It was also submitted that though Ext.A8 Salary Certificate was duly proved through PW2 the employer of the deceased the same was not taken into account by the learned Tribunal. As the deceased was a Goldsmith by profession as evidenced by Ext.A8 and as the accident was of the year 1999, we are of the view that he might have earned at least Rs. 2,500/- per month. When the dependency compensation is re-calculated fixing the monthly income of the deceased at Rs. 2,500/- and adopting the multiplier 14, the same would stand enhanced to Rs. 2,10,000/- . This is after deducting one half of the amount in consideration of the expenses which the deceased would have incurred had he been alive for maintaining himself; following the principle laid down by the Apex Court in Sarla Verma v. Delhi Transport Corporation (2010(2) KLT 802 SC). As the learned Tribunal has awarded only a sum of Rs. 1,56,000/- as compensation for loss of dependency the appellants become entitled to get an additional sum of Rs. 54,000/- under that head.
It was further submitted by the learned counsel for the appellants that though the deceased was hospitalised for five days only a sum of Rs. 5,000/- was awarded as compensation for pain and sufferings. This according to us, is inadequate. Thus, we award an additional sum of Rs. 10,000/- on that count.
Towards loss of estate the learned Tribunal has awarded a sum of Rs. 2,500/- . We award an additional sum of Rs. 2,500/- as compensation for loss of estate.
The deceased left behind him his father, mother, unmarried sister and brother. However, towards loss of love and affection, the learned Tribunal has not awarded any sum. Thus we award a sum of Rs. 15,000/- as compensation towards loss of love and affection. Thus, in total the appellants become entitled to get an additional sum of Rs. 81,500/- . over and above what has been awarded by the Tribunal. The additional amount awarded shall carry interest at the rate of 7% per annum from the date of the claim petition till realisation. The appeal is allowed. The impugned award shall stand modified as above.