P.D. Rajan, J.:— This appeal is preferred against the award in O.P(MV) No. 323/2012 of the Addl. District & Sessions Court-IV/Addl. Motor Accidents Claims Tribunal-II, Thodupuzha by the dependents and legal representatives of the deceased Thomas. On 13.11.2011, the deceased met with an accident and the learned Tribunal awarded total compensation of Rs. 8,25,700/- as compensation. Being dissatisfied by that amount, the dependents preferred this appeal.
2. The learned counsel appearing for the appellant contended that the deceased was aged 44 years at the time of accident and was getting Rs. 7,500/- per month. The learned Tribunal took only Rs. 4,500/- for calculating compensation to the dependents. There is no dispute by the respondents with regard to the accident and the age of the deceased. The only dispute is with regard to the income. The apex court in Dixit Kumar v. OM Prakash Goel (2017 ACJ 2057) held that reduction of income by the Tribunal, in the absence of the evidence is unsustainable in law. Hence, Rs. 7,500/- as the monthly income is a just amount for calculating the dependency.
3. Apex court in Sarla Verma v. Delhi Transport Corporation (2010 (2) KLT 802) held that the dependents are entitled to get just amount as compensation. In view of the decision reported in National Insurance Company Limited v. Pranya Sethi, [2017 (4) KLT 662 (SC)], 25% has to be added towards future prospects where the deceased was aged between 40 to 50 years. Therefore, the monthly income comes to Rs. 9,375/- [Rs. 7,500+1875 (Rs. 7,500 × 25/100)]. Therefore, the total amount of dependency is Rs. 11,81,250/- (Rs. 9,375 × 12 × 14 × 3/4). The learned Tribunal already awarded Rs. 5,67,000/-. The balance amount is Rs. 6,14,250/- (Rs. 11,81,250-5,67,000).
4. Apex court in National Insurance Company v. Pranay Sethi, [2017 (4) KLT 662 (SC)] held as follows:
(viii) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years.
5. The learned Tribunal awarded Rs. 1,00,000/- for loss for consortium, Rs. 10,000/- for loss of estate and Rs. 15,000/- for funeral expenses. Hence, Rs. 60,000/- has to be deducted from the loss of consortium and Rs. 5,000/- to be added with loss of estate. Therefore, the total amount comes to Rs. 5,59,250/- (Rs. 6,14,250-60,000+5000). Excess amount of Rs. 56,700/was awarded by the Tribunal for future prospects and that amount has to be deducted from the total amount. Hence an amount of Rs. 5,02,550/-(Rs. 5,59,250-56,700) is awarded as additional compensation. No increase is necessary on the other heads.
6. In the circumstances, the dependents of the deceased are entitled to get enhanced compensation of Rs. 5,02,550/- with interest and proportionate cost. The insurer is directed to satisfy the award within 30 days from the date of receipt of a copy of this judgment, failing which it will carry 12% interest from the date of default.
7. This appeal is disposed of as above.