IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 MFA.No. 921 of 2002(E) ---------------------- OPMV.664/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS: PETITIONERS: -------------------------------------------- 1. RAJESH, S/O. VELAYUDHAN, NAITHALI VELIYIL, WARD NO. VIII, MARARIKULAM NORTH PANCHAYATH, CHETTY. P.O. 2. BRIGIT SHERLY, W/O. OF RAJESH, ..DO..... BY ADV. SRI.BEPIN VIJAYAN RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. MARY PAUL, W/O. PAUL, KUTTIKATTU VELI, WARD NO.V, KANJIKUZHY PANCHAYAT, S.N.PURAM P.O., CHARAMANGALAM, MUHAMMA. 2. JAMES, S/O. CLEAVUS, ARESSERY VEETTIL, WARD NO.X, CHERTHALA SOUTH PANCHAYATH, CHETTY P.O. 3. THE UNITED INDIA INSURANCE CO. LTD., N.S.S. BUILDING, CHERTHALA. P.O. ADV. SRI.M.S.PATTALI FOR R3 SRI.T.VINOD KUMAR FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.921 OF 2002 ---------------------------------------------------- Dated this the 27th day of June, 2008. JUDGMENT Koshy, J: A three year old child sustained fatal injuries in a motor accident on 9.4.1999 and his parents applied for compensation under Section 163 A of the M.V. Act. The Tribunal found that the accident occurred due to the negligence of the driver of the offending vehicle and directed the insurance company to deposit the amount of compensation awarded. But against a claim of Rs.5,95,500/, the Tribunal awarded only Rs.56,500/=. The only dispute in this appeal is regarding the quantum of compensation. The Tribunal has calculated the compensation as it is a claim under Section 166. Since it is a claim under Section 163 A, compensation should be calculated strictly as per 2nd schedule in view of the statutory mandate. The child was three years old. Only notional income can be fixed and notional income as per 2nd schedule of a non earning person is Rs.15,000/=. Even though it is contended that since the accident occurred in the year 1999, after four years of framing 2nd schedule, a higher notional income shall be fixed,only MFA.NO.921/02 . 2 only Rs.15,000/= can be taken as the notional income in view of statutory provision and one third has to be deducted from calculating compensation for loss of family contribution. Even though it is contended that 18 ought to have been taken as the multiplier, considering the age of the first claimant, we can take only lowest multiplier and 15 can be taken as the multiplier as per 2nd schedule. Therefore compensation payable for loss of dependency and fatal injury is Rs.1,50,000/=. As per 2nd schedule compensation payable for funeral expenses is Rs.2,000/= and Rs.2,500/= for loss of estate. Even though for medical expenses Rs.15,000/= can be granted, it should be supported by bills. Therefore Rs.1,000/= fixed by the Tribunal can be granted. The Tribunal has granted compensation for by standers expenses, damage etc which cannot be granted. Since compensation was claimed under Section 163 A, the compensation payable in this case will be Rs.1,50,000/= for death, Rs.2,000/= for funeral expenses, Rs.2,500/= for loss of estate Rs.2,500/= and Rs.1,000/= for medical expenses. Therefore, total compensation payable will be Rs.1,58,000/=. The total compensation awarded by the Tribunal was Rs.56,500/=. Therefore the additional compensation payable will be Rs. 1,01,500/=. The additional amount of Rs.1,01,500/= MFA.NO.921/02 . 3 should be deposited by the insurance company with 7% interest from the date of application till the deposit over and above the decreed amount. On deposit of the amount, the appellants are allowed to withdraw the same in equal proportion. The appeal is allowed in part. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MFA.NO.921/02 . 4 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.921 OF 2002 JUDGMENT 27th day of June, 2008.