Court ruled for recalibrating monthly income for compensation calculation, emphasizing just compensation principles while recognizing legal heirs' distress, resulting in a total compensation of ₹17,72,300 with specific allocations for loss of dependency and consortium.

JUDGMENT

This appeal is filed by the claimants in OP (MV) No.1307 of 2014 on the file of the Motor Accidents Claims Tribunal, Alappuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimants, on 16.07.2014, at about

10.45 p.m., while the deceased was riding a scooter through Kollam – Alappuzha N.H., a car bearing registration KL-34/B- 3007 driven by the first respondent in a rash and negligent manner hit against the scooter and as a result, the deceased sustained serious injuries and succumbed to the injuries on the same day. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹21,52,000/-, which is limited to ₹21,50,000/-.

3. Though notice was served on the second respondent, the insured owner of the offending vehicle, he remained absent and was set ex parte before the tribunal. The first respondent, the driver cum owner of the offending vehicle entered appearance, however, no written statement was filed on his behalf. The third respondent insurer filed a written statement, admitting the insurance policy, denying the liability and disputing the quantum of compensation claimed. Before the tribunal, PW1 was examined and Exts.A1 to A13 were marked. The tribunal, after analysing the pleadings and materials on record, found that the accident was due to negligence on the part of the first respondent and the appellants/claimants were awarded a sum of ₹14,65,448/- as compensation under different heads with interest @ 7% per annum from the date of petition till realization with proportionate costs against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants have come up in appeal.

4. Heard the learned counsel for the appellants and the learned standing counsel for the respondent insurer.

5. The learned counsel for the appellants claims enhancement mainly under the following heads:

I. Notional Income The learned counsel for the appellants submitted that though an amount of ₹12,000/- was claimed as the monthly income of the deceased, who alleged to be a company driver, the tribunal had taken only ₹10,000/-. The learned counsel further submitted that the tribunal ought to have taken the minimum wages applicable at the time of the accident. However, since the accident occurred in 2014, no minimum wages had been fixed by the State. Moreover in the claim petition, the amount claimed as income was only ₹12,000/-. Considering the fact that he was a driver by profession, and in order to award a just and reasonable compensation, I find it appropriate to re-fix the monthly income as ₹12,000/-.

II. Loss of dependency Since the deceased was aged 47 years at the time of accident, following the judgment in National Insurance Company Ltd. v. Pranay Sethi [2017 (4) KLT 662 (SC)], 25% of the future prospects is to be added towards the monthly income now fixed and the income would be ₹15,000/- (12,000 x 25% + 12,000) for awarding compensation under the head, loss of dependency. The deduction towards his personal and living expenses is 1/3 since there were three dependents; and the multiplier to be adopted is “13”. Hence, following the apex court judgments in Pranay Sethi (supra) and Sarla Verma v. Delhi Transport Corporation [2010(2) KLT 802(SC)], the total compensation payable under the afore head is recalculated thus: ₹15,60,000/- (15,000 x 12 x 13 x 2/3). The tribunal had granted an amount of ₹12,99,948/- under the said head. Thus, there will be an additional amount of ₹2,60,052/

under the head loss of dependency.

III. Loss of consortium/loss of love and affection The learned counsel for the appellants submitted that towards the head loss of consortium, the tribunal had g