Point of Law: Motor Accident - Death - Award is modified - Funeral expenses granted by Tribunal and same is required to be reduced was granted by Tribunal under head love and affection and same is not permissible. Therefore said amount also is reduced.

JUDGMENT :

The petitioners, who are aggrieved by the award of the MACT, Kollam, in OP (MV). No.1593 of 2011 dated 11.04.2014, have approached this Court seeking enhancement of compensation granted by the Tribunal. The respondent herein is the original 3rd respondent before the Tribunal.

2. One Mohanan died in a motor cycle accident occurred on 21.04.2011 at about 8.30 am, while riding his motor cycle, since he was hit down by an autorikshaw driven by the 1st respondent in a rash and negligent manner. The claimants claimed Rs.25 lakh as compensation.

3. The insurance company filed a written statement and admitted the policy. Negligence was disputed and quantum of compensation was challenged. Respondents 1 and 2 remained ex-parte before the Tribunal.

4. Learned Tribunal, after adducing evidence, passed the impugned award granting Rs.8,37,000/-along with 9% interest. The above award is under challenge before this Court.

5. Learned Counsel for the petitioners submitted that the Tribunal fixed Rs.6,000/- as monthly income of the deceased for the purpose of assessing loss of dependency income, though specific plea claiming Rs.50,000/-was raised, supported by documents marked as Exts. A8 to A14. He submitted further that the deceased was a contractual worker doing the job of 'batching plant operator' in Libya and he earned Rs.50,000/- Indian Rupee per month. In support of his contention, Ext.A8 pay slip during December 2010 showing net salary of 1582.146 LYD was produced without disclosing the actual amount as per the value of Indian currency. Ext.A9 produced in this case is the termination of employment certificate. Ext.A11 is the passport of the deceased; Ext.A12 is the document showing posting of the deceased as 'batching plant operator' during March 2005 in Libya. It is submitted by the learned Counsel for the petitioners that Ext.A13 series are slips showing transfer of money by the deceased through Western Union Money Transfer. Ext.A14 is the renewal premium receipt issued by the LIC of India dated 12.07.2003. Remittance of Rs.4,502/-could be gathered there from towards the policy taken on 14.07.1997.

6. Learned Counsel for the insurance company vehemently opposed consideration of these documents to fix a higher income in excess of what has been permitted as per the dictum laid down in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236]. It is submitted that Rs.8,000/-is liable to be fixed following the ratio of the above said ruling and nothing more is liable to be fixed.

7. Per contra, learned Counsel for the petitioners pressed increase more than Rs.8,000/-on the submission that, going by the documents Exts.A8 to A14, employment of the deceased as 'batching plant operator' in Libya, prior to his death could be gathered.

8. On a scrutiny of Exts. A1 to A14, the same do not suggest what actually was the income of the deceased even as per the documents. In PW1's chief affidavit, more than Rs.40,000/-is stated as the income of the deceased. That would show that PW1 also is not certain about what actually was the monthly income of the deceased. However, the documents if read together, the job of the deceased as 'batching plant operator' could be gathered, though the petitioners miserably failed to establish the technical qualification of the deceased to do the work. However, long tenure of the deceased in Libya as a 'batching plant operator' could be gathered from the documents. Taking note of the said fact, I am inclined to take a lenient view in this matter to enhance the monthly income of the deceased something more than Rs.8,000/-. Therefore, I am inclined to fix Rs.10,000/-as the monthly income of the deceased for the purpose of calculating loss of dependency. It is not in dispute that 10% addition towards future prospects is also permissible following the ratio in the decision report