The judgment reinforces the necessity of applying established precedents for fair compensation calculations in wrongful death claims.

JUDGMENT

The appellants are the dependent legal heirs of one Mr.Roy, who met with a road accident on 18.08.2012, and sustained serious injuries, to which he succumbed. The accident occurred in a water service station, when the car driven by the first respondent, in a rash and negligent manner, rammed on the deceased, while attempting to take the same to the ramp in the service station. The appeal is essentially directed for enhancement of compensation granted undrer various heads.

2. Heard Sri. Mathew John, learnd counsel for the appellant and Sri. Lal K.Joseph, learned Standing Counsel for the National Insurance Company. Perused the records.

3. The learned counsel for the appellant first pointed out that the monthly income reckoned by the Tribunal is Rs.7,000/-. Going by the index available in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [2011 KHC 4675], the notional income pertaining to the year 2012 is Rs.8,500/-, which at least is liable to be reckoned, is the submission. This Court finds considerable force in the submission made by the learned counsel for the appellant and accordingly, directs to reckon Rs.8,500/- as the monthly income of the deceased. Based on the judgment of the Larger Bench of the Supreme Court in National Insurance Company Limited v. Pranay Sethi [2017 (4) KLT 662 (SC)], the appellants claim future prospects to be reckoned at the rate of 40%. This submission is also perfectly in accord with law, laible to be accepted as such.

4. Rs.5,000/- was given under the head 'loss of estate', which is laible to be enhanced to Rs.15,000/- as per Pranay Sethi (supra). The amount given under the head 'pain and suffering' cannot be sustained as held in Oriental Insurance Company v. Kahlon [AIR 2021 SC 3913] . Similarly, compensation granted under the head 'love and affection' also cannot be sustained; instead, compensation has to be granted as 'consortium'. The claimants/appellants are the parents and the two children of the deceased, each of whom are entitled to Rs.40,000/- as held in Pranay Sethi (supra). This Court also notices that the funeral expenses granted at the rate of Rs.25,000/- has to be reduced to Rs.15,000/- in terms of Pranay Sethi (supra). As pointed out by the learned counsel, enhancement @10% as contemplated in Pranay Sethi (supra) for every three years is also liable to be allowed.

5. In the result, this MACA is allowed and the compensation amount payable to the claimants/appellants is reworked, as indicated in the tabular statement herein below:

* 16,06,500= 11,900x12x15x3/4

6. The Insurance Company shall pay interest for the amounts awarded by the Tribunal at the rate directed in the impugned award and for the enhanced amount, at the rate of 5% from the date of petition. If any amount has already been paid, the same shall be granted set off.

7. Since there was a delay of 59 days in filing the appeal, the interest for the enhanced quantum shall not run for the said period as directed in order dated 19.01.2022 in C.M.A.No.1/2015 in M.A.C.A.No.281 of 2015.

8. The claimant shall produce the details of the Bank account before the Insurance Company/Tribunal within two months from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of one month thereafter. If the Bank account is not given within the time stipulated, it is