The court modifies the compensation award by adjusting both the notional income and the sum for love and affection according to established legal principles.

J U D G M E N T

The legal heirs of one Chami, aged 71 years, who died in an accident on 11.05.2018, seek to challenge the award dated 26.11.2019 in O.P.(M.V.) No.592 of 2018 of the Motor Accidents Claims Tribunal, Ottapalam, (hereinafter referred to as ‘the Tribunal’).

2. Heard Sri.V.A.Vinod, the learned counsel for the appellants, as well as Sri.P.K.Manoj Kumar, the learned counsel for the 3^rd 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 at Rs.8,000/ per month by the Tribunal for the purpose of awarding compensation. The deceased was pointed out to be a ‘manual labourer’, earning a monthly income of Rs.15,000/ . However, it is not in dispute that, as borne out of paragraph No.9 of the award of the Tribunal, no evidence whatsoever was adduced to prove the job/income of the deceased. That being so, the notional income of the deceased requires to be fixed with reference to the principles laid down by the Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236]. With respect to an accident that occurred in the year 2018, the notional income ought to have been fixed at - -

Rs.11,500/ per month, instead of Rs.8,000/ per month as fixed by the Tribunal. To that extent, the award of the Tribunal requires to be modified, and I do so.

4. Similarly, the compensation under the head ‘loss of love and affection’ was claimed by the appellants before the Tribunal. Going by the principles laid down by the Apex Court in National Insurance Co. Ltd. v. Pranay Sethi [(2017) 16 SCC 680], the claimants, being the children of the deceased, are entitled for compensation towards love and affection/consortium at Rs.40,000/ . To that extent also, the award of the Tribunal requires to be modified, and I do so.

5. With the afore modifications, the appellants would be entitled to the following amounts;

In the result, this appeal is partly allowed, and the impugned award is modified, entitling the appellants to get an additional amount of Rs.3,00,000/ (Rupees Three Lakhs only), along with the amounts already awarded by the Tribunal, to be paid by the 3^rd respondent – insurance company. Needless to say, all other findings and directions of the Tribunal in the impugned award, including the rate of interest, will remain unaltered.