IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 MACA.No. 2521 of 2009() ---------------------------------- OPMV.1890/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/6TH RESPONDENT : ------------------------------------------------ THE ORIENTAL INSURANCE COMPANY LIMITED, NEYYATTINKARA, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENTS: APPLICANTS AND 3RD RESPONDENT: ------------------------------------------------------------------------------ 1. ESTAPPAN, S/O.THOMAS, NEAR ICE PLANT, THOTHOOR.P.O, KANYAKUMARI DISTRICT, NOW RESIDING AT GRACE HOUSE, POZHIYOOR VILLAGE, NEYYATTINKARA. 2. JIL PERY THAMMAL, D/O.THERESSIA, DO. DO. 3. DARWIN ANTO, S/O.ESTAPPAN, DO. DO. 4. MINI, D/O.JIL PERY THAMMAL, DO. DO. 5. SHINEY, D/O.JIL PERY THAMMAL, DO. DO. 6. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.SIBY MATHEW FOR R6 SRI.PHILIP J.VETTICKATTU FOR R6 SRI.B.PREMNATH (E) FOR R6 SRI.G.S.REGHUNATH FOR R2-R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C.HARI RANI, JJ. ----------------------------------------------------------------- M.A.C.A. Nos.2521 of 2009 and 190 of 2010 --------------------------------------------------------- Dated this the 31st day of August, 2011 JUDGMENT R. BASANT,J. Insurance Companies are the appellants. There was an accident involving two vehicles. The son of the first claimant suffered injuries to which he succumbed. The claimants-mother and siblings of the deceased staked their claim under Section 163(A) of the M.V. Act. The Tribunal awarded a total amount of Rs.4,12,500/- as compensation under Section 163(A) of the M.V.Act as per the details given below: 1.Compensation for fatal accident :Rs.4,08,000/- (3000X12X2/3X17) 2.Funeral expenses :Rs. 2,000/- 3.Loss of estate :Rs. 2,500/- ---------------------- Total Rs. 4,12,500/- = = = = = = = 2. Both Insurance Companies were directed to pay the amount equally along with interest. M.A.C.A. Nos.2521 of 2009 and 190 of 2010 2 3. Both Insurance Companies have preferred appeals against the impugned award. Called upon to explain and be specific, the learned counsel for the appellants submit that even by following the computation of compensation under Section 163(A) following the dictum in (2011(3) KHC 438) National Insurance Company v. P.C.Chacko and others, the amount of Rs.4,12,500/- awarded is excess. The deceased was reckoned to be one earning an income of Rs.3,000/- per mensem, Rs.36,000/- hence is annual income. He was aged between 30-35 years. Therefore, the 5th horizontal column and the 12th vertical column are the relevant columns. They meet and the amounts specified in thousands is Rs.5,76,000/-. When 1/3rd of the same is deducted only an amount of Rs.3,84,000/- is payable. The Tribunal erred in ascertaining the amount independently by following the multiplier multiplicand method. This is incorrect, contends both counsel. 4. We have heard the learned counsel for the respondents also. It is evident that only Rs.3,84,000/- (5,76,000X2/3) would be payable under clause I of the second schedule). In addition an amount of Rs.4,500/- as already awarded by the Tribunal M.A.C.A. Nos.2521 of 2009 and 190 of 2010 3 would also be payable. The Tribunal had erroneously arrived at a figure by independently following the multiplier multiplicand method, which is not justified in a claim under Section 163(A) of the M.V.Act as explained in Chacko supra. 5. It follows from the above discussions, that the respondents/claimants are entitled only for an amount of Rs.3,88,500/- as per the details shown below: The compensation for fatal accident :Rs. 3,84,000/- (5,76,000X2/3) Funeral expenses under column 3(i) :Rs. 2,000/- Loss of estate under column 3(iii) : Rs. 2,500/- -------------------------------------- Total Rs.3,88,500/- = = = = = = = 6. No other contentions are raised. 7. In the result: a. These appeals are allowed in part. b. We hold that the respondents/claimants are entitled only for a total amount of Rs.3,88,500/- as compensation under Section 163(A) of the M.V.Act. M.A.C.A. Nos.2521 of 2009 and 190 of 2010 4 c. All other directions of the Tribunal are upheld. R. BASANT, JUDGE M.C.HARI RANI, JUDGE ln