IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MFA.No.240 of 2003 (E) ---------------------------- OPMV.1206/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANTS: PETITIONERS IN OP(MV) ---------------------------------------------- 1. MARIAM @ KUTTY, W/O.VARUTHUTTY, KURISINGAL HOUSE, MELADOOR P.O., MUKUNDAPURAM TALUK. 2. JOSE, S/O.LATE VARUTHUTTY, -DO- -DO- 3. TOMY, S/O.LATE VARUTHUTTY, -DO- -DO- BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP (MV) -------------------------------------------------- 1. M.K.SAJEED, S/O.KUNJUMOHAMMED, MADAVANKATTIL HOUSE, VELLANGALLUR P.O. 2. K.K.WILSON, S/O.KUNJUVARKEY, KANAMKUDAM HOUSE, VELAYANADU DESOM, KOTTANELLUR P.O. 3. ORIENTAL INSURANCE CO., NORTH NADA, KODUNGALLUR. 4. AUGUSTINE K.V., S/O.LATE VARUTHUTTY, KURISINGAL HOUSE, MELADOOR P.O. ADV. SRI.ANCHAL C.VIJAYAN FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. No.240 of 2003 ------------------------------------------------ Dated this the 6th day of October, 2008 JUDGMENT Koshy, J A 22 years young man sustained fatal injuries on 10/05/1996 in a motor accident. His mother and brothers claimed compensation under Section 163A of the Motor Vehicles Act. According to the claimants, he was a Mosaic worker. The Tribunal fixed a monthly income of Rs.1,800/-. Then, after deducting 1/3 Rs.1,200/- was fixed by the Tribunal as the loss of dependency per month. Then considering the age of the mother, 8 was taken by the Tribunal as the multiplier and calculated the compensation. When claims are filed under Section 163A in case of fatal accident, compensation has to be fixed as mentioned under the Second Schedule. This is a statutory M. F. A. No.240 of 2003 -2- formula. The above formula was not set aside by any competent court even though some defects were pointed out in some judgments. We are bound by statutory mandates under Section 163A. Only for permanent disability multiplier method need be taken. For fatal injuries fixed amount mentioned in the Second Schedule should be taken. The deceased was an earning person. But there is no evidence regarding his income. The Tribunal fixed Rs.1,800/- in the absence of clear evidence regarding the income. We are of the view that in the absence of evidence regarding annual income only notional income as fixed under the Second Schedule can be taken. If that be so, Rs.15,000/- is the annual income (Rs.1,250/- per month) for an accident victim aged between 20 and 25; if the annual income is Rs.12,000/- the amount fixed under the Second Schedule is Rs.2,16,000/- and if the annual income is Rs.18,000/- amount M. F. A. No.240 of 2003 -3- fixed under the Second Schedule is Rs.3,24,000/-. Therefore, if the annual income is Rs.15,000/-, taking the average of the above, the compensation fixed is Rs.2,70,000/-. Out of that amount, 1/3 has to be deducted towards personal expenses. Then the total compensation will come to Rs.1,80,000/-. In addition to the total compensation outlined above, as per the Second Schedule, the claimants are entitled for an amount of Rs.4,500/- towards Funeral Expenses and Loss of Estate under the head General Damages. Medical bills were produced evidencing the expenses for treatment. Towards medical expenses Rs.7,300/- awarded by the Tribunal needs no enhancement even though the injured died only after six days of treatment. The Tribunal went wrong in awarding compensation for pain and sufferings as only the fixed amount mentioned under the Second Schedule can M. F. A. No.240 of 2003 -4- be granted in an application filed under Section 163A. Therefore, compensation payable will be Rs.1,91,800/-. The total amount awarded by the Tribunal was Rs.1,27,000/-. So, the additional amount payable will be Rs.64,800/-. The above amount should be deposited by the third respondent/ Insurance Company with 7.5% interest from the date of application till its deposit. On deposit of the same the first appellant/claimant/mother is allowed to withdraw the same. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-