Compensation determinations require accurate income assessments and appropriate awards for loss of consortium.

JUDGMENT

The legal heirs of one Ajithakumari aged 44 years, who died in an accident on 11.05.2016, have instituted this appeal seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Pala in the award dated 27.08.2019 in O.P.(MV)

No.508 of 2016.

2. Heard Sri.Manuel Kachiramattam, the learned Counsel for the appellants, as well as Smt.Latha Susan Cherian, the learned Standing Counsel for the respondent-insurance company.

3. The first issue arising for consideration in this appeal is with respect to the fixation of the notional income of the deceased by the Tribunal. A perusal of paragraph 11 of the impugned award shows that the deceased was considered to be an office staff of India Institution of Emergency Medical Service, Kalathypady and it is only because the income was not proven that the Tribunal fixed the notional income at Rs.9,000/-. However, it has been pointed out in this appeal that at no point of time, any such contention was raised by the claimants before the Tribunal about the vocation of the deceased. It is specifically pointed out that the contention raised before the Tribunal in the claim petition was to the effect that the deceased was a “coolie worker”. As regards this contention, Smt.Latha Susan Cherian, the learned Counsel for the respondent, has no objection. In the light of the afore, I am of the opinion that the notional income requires to be re-fixed accordingly. Even going by the principles laid down by the Hon’ble Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], the notional income ought to have been fixed at Rs.10,500/-. However, considering the contentions advanced before this Court as well as as borne out from the award of the Tribunal, I am of the opinion that the notional income requires to be re-fixed at Rs.11,500/-. Therefore, the award of the Tribunal would stand modified to that extent.

4. Secondly, it is also pointed out that though appellants 1 to 3 herein, the husband and children of the deceased, were each entitled to compensation towards loss of consortium at Rs.40,000/-, only an amount of Rs.70,000/- has been awarded by the Tribunal - Rs.40,000/- to the husband and Rs.30,000/- to the two children together. The husband and children are entitled to Rs.40,000/- each as compensation towards loss of consortium. To that extent also, the award of the Tribunal requires to be modified and I do so.

5. In such circumstances, the impugned award of the Tribunal would stand modified as follows:

6. Insofar as the enhancement ordered through this appeal, I hold further that as regards the compensation awarded, the appellants will only be entitled for 8% interest. It is also pointed out that there is a delay of 112 days in filing this appeal. Hence, the appellants will not be entitled to the benefit of interest for the said period.

In the result, this appeal is partly allowed, modifying the impugned award, entitling the appellants to get an additional amount of Rs.4,00,000/- (Rupees Four Lakhs only), along with the amounts already awarded by the Tribunal, to be paid by the Insurance Company. Needless to say, all other findings and directions of the Tribunal in the impugned award will remain unaltered.