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Judgment
Ramakrishna Pillai, J.—The appellants are the unfortunate widow and minor children of one Sudhanand who succumbed to the injuries sustained by him in a road traffic accident occurred on 01/05/06.
Allegedly while the deceased was riding his scooter it collided with a motorbike which was coming from the opposite direction. Against the claim of Rs. 12 lakhs, the Tribunal has awarded a sum of Rs. 6,07,500/- 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 2nd respondent Insurance Company.
It is submitted by the learned counsel for the appellants that the deceased being the Manager of a Club at Guruvayoor was earning a monthly salary of Rs. 4,500/-. According to the learned counsel for the appellants though Ext.A6 was admitted in evidence, the same was not adhered to by the learned Tribunal. A copy of Ext.A6 was made available for our perusal during the course of the argument. It is stated in Ext.A6 that the salary of the deceased was Rs. 4,500/- per month. The learned Tribunal has fixed the monthly income of the deceased at Rs. 3,000/- for computation of compensation for loss of dependency. This according to the learned counsel for the 2nd respondent is quite reasonable as Ext.A6 certificate was not properly proved through the person who issued the same. We do notice that the accident had occurred in the year 2006 and the deceased was aged 44 years at the time of the death. Considering the age of the deceased it is only reasonable to presume that the deceased might have earned at least Rs. 3,500/- per month by engaging himself in any job. Hence, we are of the view that the monthly income of the deceased can be fixed at Rs. 3,500/- for computation of the compensation for loss of dependency. The learned Tribunal has adopted the correct multiplier 14 which is applicable to the age group of the deceased. If the compensation for loss of dependency is re-calculated reckoning the monthly income of the deceased as Rs. 3,500/- the appellants will be entitled to get an additional sum of Rs. 56,000/- as compensation for loss of dependency. This amount was arrived at after deducting one third of the amount in consideration of the expenses which the deceased would have incurred for maintaining himself.
It was pointed out by the learned counsel for the appellants that though the accident had occurred on 01/05/06, the death was on 03/06/06. Records would reveal that the deceased was hospitalised for about 33 days. But it is seen that no amount was awarded by the learned Tribunal towards bystanders expenses. Hence, we are of the view that bystander''s expenses at the rate of Rs. 200/- per day can be awarded to the appellants. Thus, the appellants will be entitled to get Rs. 6,600/- on that count.
It is also relevant to note that no amount was awarded by the learned Tribunal towards loss of estate. We award a sum of Rs. 5,000/- as compensation towards loss of estate. Towards funeral expenses only Rs. 3,000/- was awarded. Hence, we award an additional sum of Rs. 2,000/- on this count.
Towards pain and suffering a sum of Rs. 20,000/- was awarded by the Tribunal. As already observed, the deceased was hospitalised for about 33 days, we are of the view that as compensation for pain and sufferings, the entire amount claimed by the appellants can be awarded. Hence, we award an additional sum of Rs. 5,000/- under that head.
Towards transportation to hospital the learned Tribunal has awarded a sum of Rs. 4,000/-. We award an additional sum of Rs. 2,000/- towards transportation to hospital.
Thus in total the appellants will be entitled to get a sum of Rs. 76,600/- over and above what is awarded by the Tribunal. The additional amount will carry interest at the rate of 7% per annum from the date of claim petition till realisation.
The appeal is allowed. The impugned award shall stand modified as above.