Methini And Others /S v. Biju A.G. And Another /S.

K. Vinod Chandran, J.:— A cyclist was hit by a scooter resulting in the death of the cyclist. The wife and three children of the deceased were before the Tribunal claiming compensation. The deceased was aged 55 years at the time of death and the appellants claimed a monthly income of Rs. 4,000/-. The Tribunal adopted only an amount of Rs. 3,000/- as the monthly income.

2. The appellants claimed that the deceased was a coir factory worker and hence claimed the income of Rs. 4,000/-. The Hon'ble Supreme Court, in the year 2004, had adopted a monthly income of Rs. 4,500/- for a coolie, as seen from Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236 : (2011) AIR SC 2951]. In such circumstances, the income asserted by the claimants of Rs. 4,000/- can be accepted for computing the loss of dependency. Considering the age of the deceased and that he was not in a regular employment, 10% can be added for future prospects and 1/4 has to be reduced for personal expenses. Hence the monthly salary for calculating the loss of dependency would be Rs. 3,300/- (4000+400 × 3/4). The multiplier applicable is ‘11’ as against the Tribunal's acceptance of 8. In addition to this, there has to be enhancement granted under various heads as has been declared in National Insurance Company v. Pranay Sethi [2017 (5) KHC 350], as tabulated below:

Sl. No. Head of Claim Amount awarded by the Tribunal (Rs.) Total amount after enhancement in appeal (Rs.) 1 Funeral Expenses 5,000/- 15,000/- 2 Transportation Expenses 1,000/- 3 Pain and suffering 5,000/- 5,000/- 4 Dependency 1,92,000/- 4,35,600/- (3300 × 11 × 12) 5 Loss of love and affection 25,000/- 25,000/- 6 Loss of Consortium 5,000/- 40,000/- 7 Loss of estate Nil 15,000/- Total 2,32,000/- 5,36,600/-

3. The amounts awarded shall be paid after deducting whatever has been paid, with cost and interest at the rate as granted by the Tribunal, within two months from the date of receipt of a certified copy of this judgment.

4. None appeared for the appellant, when the matter was heard. In such circumstances, the Registry shall issue a certified copy of the judgment to the first appellant by registered post with acknowledgment due at the expense of the High Court.

5. The appeal is allowed. Parties are left to suffer their respective costs.