IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 MFA.No. 747 of 2002() --------------------- OPMV.391/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: (PETITIONERS): ------------------------- 1. R.SUDHAKARAN, AGED 30 YEARS, S/O.RAVUNNI NAIR, PUTHENPURACKAL HOUSE, KAYYUNNI POST, NEELAGIRI DISTRICT, TAMILNADU. 2. R.THANKAM, AGED 25 YEARS, D/O. RAVUNNI NAIR, PUTHENPURACKAL HOUSE, KAYYUNNI POST, NEELAGIRI DISTRICT, TAMILNADU. 3. R.MURALEEDHARAN, AGED 27 YEARS, S/O. RAVUNNI NAIR, PUTHENPURACKAL HOUSE, KAYYUNNI POST, NEELAGIRI DISTRICT, TAMILNADU. BY ADV. SRI.N.J.ANTONY RESPONDENTS: (RESPONDENTS): --------------------------- 1. BALAN @ C.N.BALAKRISHNAN, AGED 24 YEARS, S/O. NARAYANAN, KALIYANMOOLA HOUSE, CHEEYAMBAM POST, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. (DRIVER-CUM-OWNER OF KL-7D/3405 BUS). 2. NATIONAL INSURANCE CO. LTD., ALUVA DIVISION, URAMBATHI BUILDING,PUMP JUNCTION, ALUVA. (POLICY NO.571300/1936300202). BY ADV. SRI.JOE KALLIATH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24.1.2008, THE COURT ON 24/01/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.747 of 2002 ----------------------------------------- Dated this the 24th day of January, 2008 JUDGMENT Koshy, J. A 65 year old woman sustained fatal injury in a motor accident due to the negligent driving of the bus by the first respondent. The vehicle was insured by the Insurance Company. The Tribunal awarded Rs.35,300/-. Only the quantum of compensation awarded is disputed in this appeal. 2. The deceased was 65 years old at the time of accident. According to the claimants, the deceased was a kooli, obtaining Rs.3,000/- per month. But no evidence was adduced to show that she was a kooli earning Rs.3,500/-. However, we are of view that atleast notional amount ought to have been fixed under second schedule, even though he is a non-earning member. If that be so, compensation for notional income has to be fixed as Rs.15,000/- per year. After deducting one-third for personal expenses, multiplicand will be Rs.10,000/-. The Supreme Court has held that even though second schedule is framed for computing compensation claimed under Section 163, grounds of second schedule can be taken as the guideline for computing compensation claimed under Section 166 also, except in special circumstances. Going by the second schedule, 5 is the multiplier, considering the age of the deceased. If that be so, compensation payable will be 10,000 x 5 = 50,000/-. She died on the way to the Medical College Hospital. For pain and suffering, we award Rs.5,000/- and for funeral expenses, we award M.F.A.747/02 2 Rs.2,000/-. She was taken to the Medical College Hospital. Thereafter the body was transported back to the house and for that we award Rs.1,000/- as transportation expenses. The Tribunal has awarded Rs.2,000/- for love and affection. There are three children for the deceased. We award Rs.2,000/- each for the three children. Therefore, the total amount for loss of love and affection is Rs.6,000/-. If that be so, total compensation payable will be Rs.64,000/-. The Tribunal has awarded only Rs.35,300/-. Therefore, additional compensation payable will be Rs.28,700/-. Rs.50,000/- was already paid under Section 140. So, the balance amount payable will be Rs.14,000/-. The above amount of Rs.14,000/- should be deposited by the second respondent Insurance Company with 7.5% interest from the date of application till the date of deposit, over and above the amount already paid. On deposit of the amount, the appellants are allowed to withdraw the same in equal proportion. The award is modified accordingly. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. M.F.A.747/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.747 of 2002 ------------------------------ JUDGMENT 24.1.2008