K. Vinod Chandran, J.:— The appellants are the claimants before the Tribunal. The appellants are the parents and sister of the deceased. The deceased was travelling in a motor bike on 02.08.2006 when it hit with a lorry which resulted in the instantaneous death of the pillion rider. The deceased was 22 years old at the time of death and was unmarried. The deceased was asserted to be a welder and the monthly income of Rs. 4,000/- was claimed. The learned counsel for the appellants submits that though a salary certificate of Rs. 4,000/- was produced, since it was of a private firm, the Tribunal refused to mark it. Even then, it has to be noticed that in RAMACHANDRAPPA v. MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED [(2011) 13 SCC 236], the Hon'ble Supreme Court had in the year 2004, computed the monthly income of a coolie at Rs. 4,500/-. Hence, it is only reasonable that the income claimed by the appellant at Rs. 4,000/- is accepted. In considering the loss of dependancy, the multiplier applied was 15, which actually should be 18, going by the decision of the Hon'ble Supreme Court in NATIONAL INSURANCE COMPANY v. PRANAY SETHI [2017 (4) KLT 662 (SC)]. There is also scope for enhancement of the amounts under the various heads, as declared in PRANAY SETHI [Supra]. In computing the monthly income for the purpose of determining compensation for loss of dependancy, 40% has to be added and then one half reduced for own expenses, (4000 + 1600 × ½) which is Rs. 2,800/-. Hence, the following enhancement is granted.
Sl. No. Head of Claim Amount awarded by the Tribunal Rs. Total amount after enhancement in appeal Rs. 1 Pain and sufferings 5,000 5,000 2 Funeral Expenses 4,000 15,000 3 Transportation expenses 4,000 4,000 4 Love and support 25,000 40,000 5 Dependency compensation 2,02,500 6,04,800 (2800 × 18 × 12) 6 Loss of estate - 15,000 Total 2,40,500 6,83,800
2. The total compensation shall hence be Rs. 6,83,800/-. In such circumstances, the enhanced compensation as awarded by this Court shall also carry interest at the rate as directed by the Tribunal from the date of application and the same shall be paid within a period of two months from the date of receipt of a copy of this judgment.
3. The appeal would stand allowed.
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